SENATE DOCKET, NO. 1380        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1031

The Commonwealth of Massachusetts

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PRESENTED BY:

Jason M. Lewis, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying resolve:

Resolve for a commission to review, replace, and eliminate the Grand Jury System.

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PETITION OF:

SENATE DOCKET, NO. 1380        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1031

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1079 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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Resolve for a commission to review, replace, and eliminate the Grand Jury System.

Resolved, to review, consider, evaluate, and/or replace, the Grand Jury System as is known, and to establish a suitable body and/or Special Commission to consider this matter.

Over many years, the utility, and fairness, of the Grand Jury System, has been called into question. Recent events in various local area locations, states, and other jurisdictions have further  raised questions as to its proper role, if any, in a properly functioning system of justice.

The Commonwealth of Massachusetts, having been a pioneer in reform of various legal procedures, should consider such changes as are appropriate in this area.

It has been suggested that since the Grand Jury System originated in England and/or Great Britain, that we are influenced by it. Thus, the apparent fact that its use in England, and/or Great Britain has apparently been largely ended, should raise questions, as to whether we

continue to use it ourselves. Other jurisdictions, across The United States, have also eliminated the use of Grand Juries, at least in their present form, and this further suggests the need for analysis as to their use.

A Special Commission shall be established by this Resolve, and/or additional suitable legislation, to investigate, and recommend, appropriate actions, and reforms.

Upon the establishment of a suitable Special Commission, it should consider relevant alternative legal mechanisms, including examining available data, and information, as to result, results; and streamlined processes by which appropriate charges may, and/or must be brought to

Courts, by appropriate standards.

Membership of such a Commission, shall include the Dean of each Law School, in Massachusetts, or their designee; the Constitutional Officers of Massachusetts, or their designees; at least one (1) individual appropriate representative each, of the Judiciary, Law Enforcement including District Attorneys, and Sheriffs, members of the general law profession, representatives of constituencies, particularly concerned with the legal process such as legal defenders, and legal reformers; and other relevant individuals. The Commission, shall select

a Chair, and a Vice Chair, from the membership of the body, and shall be authorized to expend reasonable expenses, to accomplish their responsibilities.

The Governor, and the Attorney General, shall be the Co-Appointing individuals, for the members of this Commission.

This Commission shall hold public hearings, at no less than five (5) distinct locations, including the Capital City of Boston, and four other regional locations, and collect useful information, including that of historical legal development; shall make general findings, useful analysis, and specific recommendations. Since these matters are important, a timely report should be issued within twenty-four (24) months, from the completion of the appointments of its members.