The Hamilton County Grand Jury for the summer session expressed concerns for the number of backlog of cases, as some were as old as 2017. They also presented recommendations for improvement in the diversity of the jury selection process and procedures to make the Grand Jury run more smoothly, such as consolidating charges against the same defendant.
In compliance with Rule 6(e)(7), Tennessee Rules of Criminal Procedure, the Hamilton County Grand Jury for the May – August term, 2022, submits the following report to the court:
Introduction
The Grand Jury was composed of a diverse group of individuals who all call Hamilton County home. While the mix of generations, genders, identities, ideologies, professions, and proclivities, provided for fascinating discussions and deliberations, what made the experience even more meaningful and memorable were the things we had in common. We were united by a shared desire to exercise our civic responsibility with the utmost integrity; a heightened awareness of the issues afflicting our community and society; and a deeper sense of responsibility for addressing those issues; and an appreciation of the distinct privilege of serving on the grand jury.
Prior to this experience, many of us had a very limited view of the role of the Grand Jury and the criminal justice system in general. We were forewarned that this would be a one-of-a-kind educational journey, and it did not disappoint. We are extremely grateful to our Grand Jury Foreman, Mr. Jimmy Anderson, for his leadership, guidance, and support throughout this experience. We were also very fortunate to have Mr. Jerry Sloan, the Assistant District Attorney, to provide insight and expertise to facilitate our understanding of the charges and applicable laws and statues. We were often captivated by his fascinating anecdotes and wonderful sense of humor. We would also like to recognize Mr. Don Ledford for coordinating the witness appearances and for keeping things flowing with his ever cheerful disposition. Special thanks also go to Sgt. April Bolton, whose infectious energy and positivity always gave us a reason to smile.
Guest Speakers
We were honored to be joined by the three Criminal Court Judges, Hon. Judge Barry Steelman, Hon. Judge Tom Greenholtz, and Hon. Judge Don Poole, as well as Hamilton County Sherriff, Jim Hammond. Each of the speakers were engaging and enlightening, and we appreciated the sincerity with which they approach their work, the thoughtful answers to our questions, and the invaluable insight that they each provided. We wish to take this opportunity to express our sincere gratitude to Hon. Poole and Sherriff Hammond for their many years of service and dedication to our county and we congratulate them both on their retirement. We also wish to congratulate Judge Greenholtz on his recent appointment to the Tennessee Court of Criminal Appeals. Many of us took the opportunity to visit Judge Poole’s courtroom and Judge Greenholtz’s courtroom to witness the Mental Health Court and the Drug Recovery Court in session, and were very impressed with the intentionality and impact of these programs and we hope to see them continue and grow.
Commendations
Serving on the Grand Jury provided a unique opportunity to engage with various law enforcement personnel, as they primarily served as witnesses. During the course of these four months, we developed a deeper appreciation and admiration for the work that these individuals do on a regular basis as they strive to protect and serve our neighborhoods and communities. We are indebted to them and their families for their dedication, service, and sacrifice. We also acknowledge that many witnesses were night-shift officers who appeared before the grand jury at the end of their shift, and we appreciate them taking the time to do so.
We also appreciate the amount of preparation that witnesses made to ensure that their testimony and the evidence that they presented was sound. It was rare to encounter a witness that was unable to answer the questions or provide information deemed necessary by the grand jury. Witness narratives and affidavits were generally detailed and well-written, which was especially helpful when the arresting officer was not present and their affidavit was read by another individual.
Observations and Recommendations
As we reflect on our Grand Jury experience, there are several items that we identified as opportunities for improvement, and they are outlined as follows:
1. Backlog of Cases
There were several things that members of the Grand Jury noted early on, the first of which is the backlog of cases that needed to be heard. It is understandable that the COVID-19 pandemic interrupted processes and proceedings which inadvertently resulted in delays. However, the extent of the backlog was a concern, since we were hearing cases from as far back as 2017, 2018, and 2019. The possibility that some of these individuals could be incarcerated the entire time that their cases meander through the system is problematic. Equally disturbing is the probability that this backlog could allow others who were either never arrested or were able to afford bail are free and liable to reoffend. Moreover, it is worth noting that a significant proportion of alleged perpetrators present with mental health challenges, which is a major issue by itself, but that they are often remanded in the same holding facilities as other criminal offenders is an additional concern. Knowing that each folder in a seemingly endless pile represents an individual who may or may not need to be where they are, adds to the urgency of efficiency, which is another major observation noted by Grand Jury members.
2. Scheduling Inefficiencies
The Grand Jury meets two days every other week, and many jurors commented on the amount of time spent idly waiting to see if witnesses would appear. On our first day in session, only six witnesses showed up. On our most recent day in session, we heard 44 cases. While these were outliers, there is a definite opportunity for improved efficiency in scheduling witnesses to better utilize witnesses’ time and jurors’ time. It was not uncommon to see several witnesses outside the Grand Jury room early in the morning waiting to be heard, while they trickle in during the rest of the day, with a mere handful showing up after lunch. An online scheduling application could greatly improve this process.
Another option is for other agencies to operate like the Chattanooga Police Department and have a designated officer like Sgt. Bolton to present many of their minor cases involving misdemeanors, DUIs, etc. This would also motivate arresting officers to ensure that all pertinent information is clearly included in their affidavits and narratives so that the presenting witness is able to decipher the information should questions arise. On several occasions we witnessed multiple officers from one agency presenting just one or two brief cases which could easily have been presented by one designated witness. A system like that would allow for more productive use of officers’ time, providing that arresting officers would only need to appear before the grand jury to present more complex cases. Additionally, we appreciated witnesses that brought videos and photos to enhance their testimonies. We recommend these presentation aids, as well as a microphone to project witness voices so that all jurors can properly hear their testimonies.
We also noticed that there were several instances when charges were brought against the same individual and presented to the Grand Jury at different times. It would be helpful if charges against the same defendant were presented simultaneously. Similarly, rather than charges against co-defendants being brought before the Grand Jury at different times, it would be helpful if such charges were presented together. While we understand that each party must be tried individually, it would be helpful and more efficient if charges in these cases were presented simultaneously or in succession.
3. Juror Education and Learning Aids
In order to effectively carry out the duties of the Grand Jury, it is important for jurors to have a clear understanding of the law and the legal ramifications of their decisions. We relied heavily on the Assistant District Attorney to provide that needed guidance and explanation, but it would be beneficial if some of that information is readily available in written form. We recommend providing a simple document (brochure, trifold, etc.) with a brief explanation of applicable laws and statutes, a visual chart showing charges and consequences, etc.
We also recommend that instead of blank sheets of paper for note-taking, that there be a basic template provided for juror note-taking. Information like officer name, name of perpetrator, date and time of offense, nature of charges, etc. could be empty fields that jurors can fill out during the witness testimony.
We also recommend that, given the frequency of drug-related charges, that juror be provided with some education on the different types of drugs, what they look like, what certain quantities look like, etc. This can be accomplished through a life demonstration, through the use of graphic depictions on wall posters or on the hand-held documents referenced above.
4. Juror Orientation and Mental Health Resources
During the course of this process, mental health was highlighted as a grave societal concern, as we noted the prevalence of mental health challenges faced by many perpetrators. As mentioned above, we were very pleased to learn of the existence of the Mental Health Court.
This realization also made us question whether there were adequate mental health resources provided for jurors. Although we were prepared to expect experiencing a range of emotions as we heard the details of various cases, many of us did not feel adequately prepared for the emotional burden that this experience brings. It would be beneficial to have some form of individual or group therapy resources provided to help jurors to periodically process and debrief so that they could protect their mental health during this journey.
5. Juror Compensation and Parking
While we are grateful for the opportunity to participate in our justice system in such a meaningful way, we feel that juror compensation should be addressed and revised. The $13 daily compensation was inadequate to cover even the basic costs of a meal and transportation, especially in the wake of rising fuel prices and cost of living. We strongly recommend an increase to this daily compensation.
Also, while most Tennessee employers are required to compensate their employees for missed time for jury duty service, grand jurors who are employed part-time or for businesses with fewer than five employees are not entitled to compensation from their employers. Also, Georgia employers are not required to compensate employees who are Tennessee residents working in Georgia. Given the proximity of Georgia, it is not uncommon to encounter this scenario, therefore we recommend exploring ways in which a resolution can be arrived at to ensure that all grand jurors who are missing work for jury duty service are duly compensated.
Additionally, given the relatively short lunch break, many of us were limited to the restaurant options within walking distance from the courthouse. It would be beneficial if Grand Jury members could get a discount from these nearby establishments upon presenting their badge. This would help to curtail costs to jurors, and also generate business for these restaurants. On that note, we would like to acknowledge Mission BBQ for their generosity in providing a complimentary lunch buffet for our final Grand Jury session.
Another recommendation for improved Juror experience relates to parking. Rather than having to get daily parking passes, recommend giving grand jurors a session-wide validation, ideally a scan code on the back of their badge.
6. Jury Selection Process
While we understand that jury selection is a random process, rather than volunteering to serve, the ultimate selection process could be revisited to ensure that there is more diverse representation, especially for people from underrepresented populations included racial and ethnic minorities, people with disabilities, etc.
Conclusion
During the term, 357 cases were presented to the Regular Grand Jury. We returned 356 true bills 50 presentments, and 1 no bills. Jurors found that the vast majority of cases presented were sufficiently detailed to meet the probable cause standard. On few occasions the arresting officers were asked to provide additional information before the Grand Jury was confident in making a determination. We were all gravely concerned with the prevalence of gun violence, gang activity, drug abuse, the high rate of recidivism, and criminal activity involving the homeless population and those with mental health challenges.
Although the COVID-19 pandemic (and other prevailing factors) presented logistical challenges that prevented us from participating in the regular tours of the Hamilton County Jail, Juvenile Detention Center, and the Silverdale Detention Center, we learned a lot about our criminal justice system and are be grateful to the individuals responsible for this very essential work.
In conclusion, we wish to reiterate our gratitude to the support staff, judicial personnel, law enforcement officers, and to each other for creating a safe space where we could openly express our thoughts, views, and opinions. Serving on the Grand Jury was indeed a great privilege, and the experience has been truly humbling and impactful.
Respectfully Submitted
Members of the Regular Grand Jury, May – August, 2022