The Concurrent Grand Jury or Grand Jury met between Sept. 19 and Dec. 13. The CGJ met every other week on Monday and Tuesday, with two breaks – one on Thanksgiving and one on a week the courts were closed.
This comprises the report for this term on the CGJ:
Challenges Faced by the CGJ
This CGJ’s foreman, Hugh Moore, had to resign in September due to an injury that required leg surgery. Foreman Jimmy Anderson of the Grand Jury took over until Rosemarie Hill was sworn in as the new foreperson of the CGJ in October.
Mr. Anderson also was invaluable in helping Ms. Hill navigate the grand jury processes in her first week of service and remained of assistance throughout the term. The CGJ thanks him and Mr. Moore, who also provided information and advice to Ms. Hill as she took over the responsibilities. Because of the help of these three as well as a host of officials and staff in the criminal courts, district attorney’s office, and law enforcement community, the CGJ functioned well and fulfilled its duties for the fall term of 2022.
(Explanatory Note: Hamilton County has two grand juries. The second one that was created is called the “Concurrent Grand Jury” in order to keep the two distinct. Each foreperson serves for two years at a time. The other grand jurors serve one 4-month term. The Grand Jury and the CGJ have the same duties and responsibilities and they alternate meeting on Monday and Tuesday of most weeks of the term.)
It is of note that in addition to these challenges, two of Hamilton County’s three criminal court judges are new to the bench, as are our district attorney general and sheriff. In the courts, Judge Barry Steelman has guided many grand juries over the years, and now shares these responsibilities with Judges Boyd Patterson and Amanda Dunn. Judge Patterson was of great assistance to our CGI throughout the fall term, and Judge Dunn will doubtless do the same for the next CGJ beginning Jan. 9, 2023.
Our new District Attorney General, Coty Wamp, not only sat with the jury during testimony, but also answered many procedural and process questions, and inquired about the jurors’ assessments of their term and how things might be improved to run more smoothly. She explained some of the planned changes in her office, and it is the CGJ’s belief that General Wamp has worked hard to study the infrastructure of her office and how it relates to law enforcement, the courts, and the grand jury. We believe any changes will inure to the benefit of all later grand juries and appreciate her understanding and endeavors.
(Explanatory Note: a member of the DA’s office is present for all testimony to assist in answering any legal or process questions the jurors have but is not present when the CGJ votes to indict (True Bill) or not indict (No Bill) a case. Nobody other than the jurors and the foreperson are present for consideration and voting on each case.)
The CGJ also had internal attendance issues. One juror was in a traffic accident which prevented her from continuing to serve, and two others had serious health issues arise which also prevented service. Two alternates stepped up to become regular members of the CGJ, and other alternates filled in when requested by the foreperson. Hamilton County Circuit Court Clerk Larry Henry and his office is appreciated for their coordination of the grand jury system, including assuring that sufficient jurors are provided for each term, as well as providing ongoing concern and care for the well-being of the jurors. Margot McConnell, the jury coordinator from Mr. Henry’s office, was an ongoing resource and asset for the jury (and all Hamilton County juries). The CGJ has expressed to that office that perhaps more alternates should be seated at the beginning of each term to help in situations as those it faced. It has also encouraged a coordinated effort by all officials to assure that the potential grand jurors understand a little more about the system and their service at the very beginning (before they are picked).
As a result of the above assistance and coordination, no service days were missed this term by this CGJ.
Another challenge for the CGJ (and all our grand juries) is jury “pay” and expenses. We understand that daily rates for grand juries in Tennessee are controlled to a large part by state law, and that our county, at $13 per day, may provide more than most. Our grand jurors also receive free parking while in session. But they must bear the expense of their travel (gas or other expenses), and meals. The CGJ recommends that an additional daily meal/expense stipend be implemented. Whether it is a discount from local restaurants, or a simple addition each day to the $13, it should cover actual expenses the jurors likely incur. No grand juror of whom we are aware is looking to “make money” from this service, but also none want to lose money.
(Explanatory Note: Not all companies are required by law to pay employees for jury service, although most are so required, and we believe that most do whether required or not. Of course, some jurors own their own company and must cover their business during their service days.)
Case Presentations and Issues Associated With Them
During this term, the CGI approximates that it was presented with 250 cases, and returned approximately 30 presentments and 10 no bills. In the future, these numbers will not be approximate, but the turnover in foremen and assistant district attorney generals assisting the jury made some calculations approximate.
The staff that handles the order and presentation of witnesses to the CGJ does a great job. Don Klasing, Grand Jury liaison on behalf of the Hamilton County Sheriff’s office, and Sgt. April Bolton of the Chattanooga Police Department are indispensable in their continuing efforts to assure law enforcement officers are in front of the jury to explain their facts and cases. This is no easy task as officers have many duties, time constraints, and emergency situations with which to deal that sometimes make it difficult to come before the grand jury at a time certain. Sgt. Bolton (and others in the various law enforcement departments) sometimes present case facts for officers who could not be in attendance, and the CGJ believes this arrangement is very helpful in preventing lag time in their days of service. It encourages the DA’s office and the various law enforcement municipalities to work together and continue exploring this method of presentation when appropriate.
The CGJ is impressed with the thoroughness of testifying officers’ preparations and presentations of the facts of their cases. Although some could be a bit more prepared, the vast majority do a good job not only in presenting, but answering questions raised by the CGJ. These answers provide both context for the legal law enforcement system and clarification of specific case facts. Officers presented cases to the Grand Jury from many jurisdictions, including Hamilton County, Chattanooga, Red Bank, East Ridge, Collegedale, and the Tennessee Highway Patrol.
Also present during presentations is an assistant district attorney general or the district attorney general herself. The CGJ truly appreciates the wisdom, patience, and knowledge of ADA Tom Landis who worked with it this entire term. He made our work easier and more pleasant.
Some of the case that come before the jury are hard to hear. The CGJ understands that what is difficult for it to hear and consider, is even worse for the law enforcement men and women facing these cases every working day. The CGJ hopes and recommends that informal or formal counseling is made available to anyone in the system who requests it. It knows some such procedures are in place and recommends those be extended and braced up where needed to make access easy and helpful.
The CGI shares the very serious concern that mental health issues make the jobs of law enforcement personnel across the board more difficult. It recommends ongoing training for officers and other necessary personnel in dealing with conflict of any sort, and particularly the sort of challenges mental health problems create during responses, investigations, arrests, and victim assistance.
The CGJ now understands more clearly that illegal drugs are an obstacle to a well-functioning society. Illegal drugs are killing our citizens, adults and children. And the criminals who sell and buy them are clogging the legal system. Illegal drugs raise problems on every level of societal structure. The law enforcement personnel who deal with drug offenses are most aware of the breadth, width, and depth of the problems.
The CGJ highly recommends that more resources (money and staff) are provided for drug enforcement training, including additional cooperation among municipal, state, and federal agencies. And the CGJ recommends that law enforcement representatives from all levels of the system talk with citizens whenever possible – educating and warning the populous of the ongoing dangers and wasting of life and resources.
CONCLUSION
The above report contains recommendations of the CGJ. Unfortunately, we were not able to visit the Silverdale correctional facilities nor the Juvenile Court this term. But we did have the privilege of meeting with our Sheriff Austin Garrett. He and two of his staff members helped us understand Silverdale and the overall workings of the Sheriff’s department much better.
In addition to everyone mentioned above, we further thank criminal court Judge Boyd Patterson for taking the time to speak with us. He was informative and very patient with all our questions. Sessions court Judge Christie Sell is also appreciated and was most informative about her court and its part in the structure of how a case gets to the Grand Jury. County Magistrate Ron Powers also came by, and provided us very useful information on the early parts of the process after suspects are arrested.
If we’ve forgotten to thank others who assisted us through these four months, it is our lack and not those of the staffs of any of the agencies with whom we have worked.
Presented by the Concurrent Grand Jury Foreperson
Rosemarie L. Hill, on behalf of the Fall Term, 2022 Grand Jury
Filed on Dec. 19