33rd / 424th District Courts

Information for Prospective Grand Jurors

If you receive a summons for grand jury duty, you have been called as prospective grand jurors. You should plan for the possibility of a full day the first day you report.

The grand jury is a deliberative body impaneled to inquire of criminal offenses that may occur in the confines of your county. It is the function of the grand jury to hear evidence in secret of those suspected offenses. Your function is not to decide guilt but to decide if a crime was committed and if the person being investigated probably committed the crime.

a citizen of ________ [the summoning county] County, Texas?

qualified to vote in this county?

able to read and write the English language?

not a convicted felon?

not under indictment or complaint for theft or any felony?

not presently on deferred adjudication?

not related within the third degree of consanguinity or second degree of
affinity to any person who is also selected to serve or is serving on
this grand jury?

not previously a grand juror or commissioner within the past year before the date on which the term of court for which you have been selected to serve as a grand juror begins?

not a complainant in any matter to be heard by the grand jury during the
term of court for which you have been selected as grand juror?

There are also some exemptions allowed by law which you may claim on the summons form that is sent to you, or at the time of being qualified by the judge, as follows:

older than seventy years of age; Art. 19.25, V.A.C.C.P.

responsible for the care of a child younger than age eighteen;

a student of a secondary school;

enrolled and in actual attendance at an institution of higher learning; or

any other reason exists that the judge determines is reasonable as an exemption.

On the day you first report, the qualification and selection process will take about 30 minutes. If you are not selected you will then be free to go. The judge selects 12 persons to serve on the grand jury, plus two alternates to serve in the event someone becomes unable to do so. The judge will explain the basics of your duties to you but greater detail will be presented by the District Attorney and his staff. Some of those instructions are set forth below.

If you are appointed to serve, then the District Attorney's office will usually meet with you for approximately two hours in some indoctrination on the duties and procedures. Thereafter, there are usually cases to be presented and you should be prepared to spend, potentially, the entire day in session.

The basic instructions for serving on the grand jury are:

They shall inquire into all offenses liable to indictment of which any
member may have knowledge or of which they shall be informed by the
attorney representing the State or any other credible person. Art.
20.09, V.A.C.C.P.

There must be no fewer than nine grand jurors present before the grand jury can perform its duty.

Before an indictment may be presented at least nine grand jurors must agree by
vote that probable cause exists to believe the person being
investigated committed a criminal act under the laws of Texas. Art.
20.19, V.A.C.C.P.

The foreperson may select one or more of the members to act as clerks to
keep the minutes of meeting times, attendance, and the business of the
body. Art. 20.07, V.A.C.C.P.

The foreperson may issue a summons or attachment for any witness in the county. Art. 20.10, V.A.C.C.P.

All deliberations shall remain secret. Any grand juror violating this
provision may be found in contempt and ordered to pay a fine of up to
$500 and be confined in jail for up to thirty days.

Art. 20.02, V.A.C.C.P.

After the grand jury returns a true bill of indictment, the district attorney
will prepare an indictment to be signed by the foreperson. Art. 20.20,
V.A.C.C.P.

The foreperson will then deliver the indictment to the judge or court clerk
in the presence of at least nine members of the grand jury. Art. 20.21,
V.A.C.C.P.

If a quorum is present but the foreperson is not, they are to notify their
bailiff, who shall notify the judge, and another foreperson will be
appointed. Art. 19.39, V.A.C.C.P.

They
shall meet and adjourn at times agreed on by the majority and must have
the court’s consent to adjourn for more than three days at a time. Art.
20.08, V.A.C.C.P.

The grand jury may seek the court’s advice on a matter before it either in writing or in person.

The request must be in such form as not to divulge the particular accusation pending before them. Art. 20.06, V.A.C.C.P.