Battling Corruption

State by State Analysis of Right of Citizens to present Criminal Charges to a State or County Grand Jury

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The Lawless America Revolution has studied the statutes in each state and has published this report to make it easy for citizens to determine if their state allows citizens to file criminal charges against the corrupt government officials, judges. attorneys, perjurors, and others in their cases.

Our best hope to get judicial corruption and government corruption addressed is with our local grand juries.

 

This chart will make it easy for you to find the information that you need to research:

State
Courts
 Statutes
Grand
Jury
 Statutes
Criminal
 Statutes

RICO

Statute

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State RICO Statutes:

See Bureau of Justice Statistics, U.S. Dep't of Justice, Local Prosecution of Organized Crime: The Use of State RICO Statutes 3 (1993). See generally, Arizona Racketeering Act, Ariz. Rev. Stat. §§ 13-2301 to -2318 (1998); California Control of Profits of Organized Crime Act, Cal. Penal Code §§ 186-186.8 (West 1998); Colorado Organized Crime Control Act, Colo. Rev. Stat. Ann. §§ 18-17-101 to -109 (West 1999); Corrupt Organizations and Racketeering Act (CORA), Conn. Gen. Stat. Ann. §§ 53-393 to -403 (West 1994 & Supp. 1999); Delaware Racketeer Influenced and Corrupt Organizations Act, Del. Code Ann. tit. 11, §§ 1501-1511 (1995 & Supp. 1998); Florida RICO (Racketeer Influenced and Corrupt Organization Act), Fla. Stat. Ann. §§ 895.01-.09 (West 1994 & Supp. 1999); Civil Remedies for Criminal Practices Act, Fla. Stat. Ann. §§ 772.101-.190 (West 1997 & Supp. 1999); Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, Ga. Code Ann. §§ 16-14-1 to -15 (Harrison 1998 & Supp. 1999); Organized Crime Act, Haw. Rev. Stat. §§ 842-1 to -12 (1993 & Supp. 1998); Racketeering Act, Idaho Code §§ 18-7801 to -7805 (1997 & Supp. 1999); Narcotics Profit Forfeiture Act, 725 Ill. Comp. Stat. Ann. § 175/1-9 (West 1992 & Supp. 1999); Racketeer Influenced and Corrupt Organizations Act, Ind. Code Ann. §§ 35-45-6-1 to -2 (Michie 1998); Louisiana Racketeering Act, La. Rev. Stat. Ann. §§ 15:1351-1356 (West 1992 & Supp. 1999); Criminal Enterprises Act, Mich. Stat. Ann. §§ 28.356F-.356X (Law. Co-op. 1999); Minn. Stat. Ann. §§ 609.901-.912 (West Supp. 1999); Racketeer Influenced and Corrupt Organization Act, Miss. Code Ann. §§ 97-43-1 to 11 (1994); Racketeering Act, Nev. Rev. Stat. Ann. §§ 207.350-.520 (Michie 1997 & Supp. 1997); New Jersey RICO (Racketeer Influenced and Corrupt Organizations) Act, N.J. Stat. Ann. §§ 2C:41-1 to -6.2 (West 1995); Racketeering Act, N.M. Stat. Ann. §§ 30-42-1 to -6 (Michie 1997 & Supp. 1999); Organized Crime Control Act, N.Y. Penal Law §§ 460.00-.80 (McKinney 1989 & Supp. 1999); North Carolina Racketeer Influenced and Corrupt Organizations Act, N.C. Gen. Stat. §§ 75D-1 to -14 (1990 & Supp. 1998); Racketeer Influenced and Corrupt Organizations Act, N.D. Cent. Code §§ 12.1-06.1-01 to .1-08 (1997); Ohio Corrupt Activities Act, Ohio Rev. Code Ann. §§ 2923.31-.36 (Anderson 1996 & Supp. 1998); Oklahoma Corrupt Organizations Prevention Act, Okla. Stat. Ann. tit. 22, §§ 1401-1419 (West Supp. 2000); Oregon Racketeer Influenced and Corrupt Organization Act, Or. Rev. Stat. §§ 166.715-.735 (1997); Corrupt Organizations Act, 18 Pa. Cons. Stat. Ann. § 911 (West 1998); Rhode Island Racketeer Influenced and Corrupt Organization (RICO) Statute, R.I. Gen. Laws §§ 7-15-1 to -11 (1992 & Supp. 1998); Racketeer Influenced and Corrupt Organization Act of 1989, Tenn. Code Ann. §§ 39-12-201 to -210 (1997); Pattern of Unlawful Activity Act, Utah Code Ann. §§ 76-10-1601 to -1609 (1995 & Supp. 1996); Criminal Profiteering Act, Wash. Rev. Code Ann. §§ 9A.82.001-.904 (West 1988 & Supp. 1999); Wisconsin Organized Crime Control Act, Wis. Stat. Ann. §§ 946.80-.88 (West 1996 & Supp. 1998).

Grand Jury Statutes

Here is what jumped out at me from reviewing state grand jury statutes.  Click on a state name hyperlink to access all of the grand jury statutes for the state.  I will try to update this by reviewing each state:

Alabama -- Alabama Grand Jury Statutes -- Alabama Code 12-16-70 and 71 requires that all grand jurors inquire of all offenses brought to their knowledge.   Alabama Code 12-16-206 requires grand jurors to investigate matters brought to their attention by citizens: "If any grand juror knows or has reason to believe that a public offense has been committed which may be indicted and tried in that county, it shall be his duty to disclose the same to his fellow jurors, who must thereupon investigate it."  Alabama Code 12-16-207: "No person shall willfully by any means whatever, directly or indirectly, conditionally or unconditionally, obstruct, impede or prevent or attempt or endeavor to obstruct, impede or prevent any person summoned, subpoenaed or called to testify before any grand jury of this state or who may be summoned, subpoenaed or called before any such grand jury from attending or appearing before the same. Nor shall any person, by any means whatever, directly or indirectly, conditionally or unconditionally induce or coerce or attempt or endeavor to induce or coerce any such person to give any false testimony or withhold any true testimony within or before such grand juries."  

Alaska -- Alaska State Code 12.40.030: "The grand jury shall inquire into all crimes committed or triable within the jurisdiction of the court and present them to the court.  The grand jury shall have the power to investigate and make recommendations concerning the public welfare or safety." 12.40.040: "  If an individual grand juror knows or has reason to believe that a crime has been committed that is triable by the court, the juror shall disclose it to the other jurors, who shall investigate it."  This means a citizen should be able to present charges and evidence to a grand jury.  If the district attorney claims any authority over grand juries, Alaska is a state where a declaratory judgment action should be filed to seek an end to this improper activity.  Alaska Grand Jury Handbook

Arizona -- The Presiding Judge of the Superior Court is responsible for the grand juries.  [In your county, find out if the presiding judge is one person or does the position rotate.]  Grand juries serve up to 120 days.  Grand juries have a duty to investigate government corruption.  21-407 B. should allow a citizen to present information to a grand jury, but 21-407 A. may be problematic.  21-408 says the prosecuting attorney participates only when requested by the grand jury, and no one from the office of the prosecuting attorney can be present if charges are levied against anyone employed by the office of the prosecuting attorney.  There is no provision for special grand juries, but there are statutes that allow state grand juries to be impaneled for up to six months.  If the prosecuting attorney claims any authority over Arizona grand juries, then Arizona is a state where a declaratory judgment action should be filed to seek to end this improper activity.

Arkansas -- A judge is responsible for the grand juries.  The judge appoints the foreman.  Arkansas Code 16-85-503: "The grand jury must inquire into the willful and corrupt misconduct in office of public officers of every description in the county."  The Court may impanel a Special Grand Jury.  Grand jurors have an obligation to investigate any offense that comes to their attention, so citizens can present information to grand jurors.  If the district attorney claims any authority over the grand juries, then Arkansas is a state where a declaratory judgment action should be filed to seek to end this improper activity.

California -- A judge is responsible for the grand jury.  California Penal Code 911, 917m and 918 allow a citizen to present charges and evidence to a grand jury.  The District Attorney, County Counsel, and Attorney General may not be present unless advise is requested by the grand jury.  No one from the office of the district attorney may be present when charges are being investigated  involving anyone employed by or connected with the office of the district attorney.  Investigations of corruption by a grand jury may be PUBLIC.  One year terms.  The judge appoints the foreman.  There are provisions for additional grand juries.  There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else.  If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority.  If the DA has claimed authority, California is a state where a declaratory judgment action should be filed.  Los Angeles County Grand JuryCalifornia Grand Jury News

Colorado --Colorado has grand juries, but they seem to be called to duty only by judges. 

Connecticut --Connecticut has Investigatory Grand JuriesEvolution of Connecticut's Grand Jury System

Delaware -- Delaware Grand Jury Handbook.  Matters may be brought to the grand jury's attention in three ways: by the attorney general, by the court, or by a member of the grand jury.  The grand jury may make investigations on its own initiative and report its findings to the court in a grand jury report, or written statement, not charging any persons with the commission of a crime. The Grand Juror's Oath would allow a citizen to present charges and evidence to the grand jury.  The judge appoints the foreman. 

District of Columbia --

Florida -- A judge is responsible for the grand jury, and the judge appoints the foreman.  905.16 and 905.165 and 905.20 allow a citizen to present charges and evidence.  Grand juries have a duty to investigate government corruption.  The Florida Grand Jury Handbook says: "Charges of crime may be brought to your attention in several ways: by the court; by the state attorney (or the statewide prosecutor); from personal knowledge brought to your body by any member of the grand jury; and, lastly, by private citizens who have a right to be heard by a grand jury in formal session and with the grand jury's consent."  The state attorney may give legal advice, but does not have any authority over the grand juries.  The are provisions for a statewide grand jury.  If the state attorney has claimed authority over the grand jury, Florida is a state where a declaratory judgment action should be filed.  See Florida Grand Jury Statutes onlineFlorida Grand Jury Handbook

Georgia -- A judge with the Superior Court is responsible for each grand jury.  Grand juries serve two month terms.  O.C.G.A. 15-12-67 and O.C.G.A. 15-12-74 allow a citizen to present charges and evidence to a grand jury; they don't say so specifically, but there is no statute or case law to prohibit it, and these statutes would allow it.  There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else.  If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority.  Georgia is a state where we definitely need a declaratory judgment action.  The District Attorney's staff has no rights to be in the grand jury room when a citizen presents charges.  There is a provision for special grand juries.  Grand Jury Handbook

Hawaii -- A judge is responsible for the grand jury, and the judge appoints the foreman.  Hawaii Rules of Penal Procedure Rule 6 (h) provides "that you will diligently inquire and make true determinations of all matters and things presented to you or which shall otherwise come to your knowledge...."  So, this would allow a citizen to present charges and evidence.  Hawaii has independent grand jury counsel.  The prosecutor has no authority over the grand juries.  If the prosecutor has claimed authority, Hawaii is a state where a declaratory judgment action should be filed to end this improper activity.

Idaho --A judge is responsible for the grand jury, and the judge appoints the foreman.  There is a provision for a special grand jury.  The prosecutor has no authority over the grand juries.  If the prosecutor has claimed authority, Idaho is a state where a declaratory judgment action should be filed to end this improper activity.

Illinois --A judge is responsible for the grand jury, and the judge appoints the foreman.  705 ILCS 305/18 provides: "...you will diligently inquire into and true presentment make of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge, touching the present service...."  This will allow citizens to present charges and evidence to grand juries.  The district attorney has no authority over the grand juries.  If the district attorney has claimed authority, Illinois is a state where a declaratory judgment action should be filed to end this improper activity.  Illinois Grand Juror Handbook.

Indiana --If a citizen presents information to a grand juror, the grand jury has a duty to investigate.  Indiana Grand Jury Statutes

Iowa --Grand juries have a duty to investigate government corruption.  See Iowans for Accountability.

Kansas -- Statutes.  Oath provides: "shall diligently inquire, and true presentment make, of all public offenses against the laws of this state cognizable by this court, committed or triable within this county, of which you have or can obtain legal evidence...."  This would require Kansas grand juries to inquire into matters presented by citizens.  Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.

Kentucky -- Grand juries have a duty to investigate government corruption.  There is no statute of limitations to prosecute a felony charge in Kentucky.

Louisiana --Articles 431 and 438 of the Louisiana Code of Criminal Procedure allow citizens to present charges and evidence to grand juries. 

Maine --Maine's statutes do not make it clear if a citizen can present information to a grand jury.

Maryland --  Maryland allows private citizens to present information to a grand jury.  Maryland Grand Jury Handbook

Massachusetts -- Massachusetts Grand Jury HandbookStatutes

Michigan -- The People’s Right to a Grand Jury has been stolen in Michigan

Minnesota --Statutes.  Minnesota lawmakers have enacted a provision that eliminates presentments.

Mississippi -- Statutes.  The State Grand Jury Act applies only to controlled substances.  However, other grand juries have a duty to investigate anything that comes to their knowledge, so citizens may present complaints.

Missouri --The judge is responsible for the grand jury, and the judge appoints the foreman.  Grand juries have a duty to investigate government corruption.  540.130: The prosecuting attorney may attend sessions only upon the invitation of the grand jury.  540.140: The prosecuting or circuit attorney shall be allowed at all times to appear before the grand jury on his request, for the purpose of giving information relative to any matter cognizable by them, and shall be permitted to interrogate witnesses before them, when they or he shall deem it necessary.  The prosector has no authority over the grand jury.  If the prosecutor has claimed authority, Missouri is a state where a declaratory judgment action should be filed to end this improper activity.

Montana -- Grand juries have a duty to investigate public corruption.  Montana Grand Jury InitiativeMontanaGrandJury.com 

Nebraska --  Nebraska grand jurors have a duty to investigate anything that comes to their knowledge, so citizens have a right to present information to them.  Nebraska Grand Juries have a broad duty.  Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.

Nevada --A judge is responsible for the grand jury.  The grand jurors select a foreman.  Grand juries have a specific obligation to inquire into "The misconduct in office of public officers of every description within the county...."  Unfortunately, it appears that the District Attorney has a right to be present during sessions, but the statutes do not give the District Attorney authority over the grand jury.  If the District Attorney has claimed authority, Nevada is a state where a declaratory judgment action should be filed to end this improper activity.  Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.

New Hampshire -- NEW HAMPSHIRE RULES OF CRIMINAL PROCEDURE -- CHARGING DOCUMENTS IN SUPERIOR COURT -- Rule 8. The Grand Jury. (2) The grand jury’s role is to diligently inquire into possible criminal conduct. The grand jury may also consider whether to return an indictment on a felony or misdemeanor.   New Hampshire Grand Jury Handbook

New Jersey --A judge is responsible for the grand jury, and the judge appoints the foreman.  The prosecutor has no authority over the grand juries.  If the prosecutor has claimed authority, New Jersey is a state where a declaratory judgment action should be filed to end this improper activity.  The New Jersey statutes are sparse compared to most other states.  New Jersey Supreme Court rules Citizens may not take Charges Directly to the Grand Jury

New Mexico  -- Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.

New York -- http://law.onecle.com/new-york/criminal-procedure/CPL0190.50_190.50.html  The only way a citizen can get to a grand jury without the DA’s help, is if the Grand Jury invites the citizen to appear, by having the DA subpoena the citizen.  The DA is required to issue the subpoena if the Grand Jury asks for it.  But the DA can also move to have a judge vacate or modify the subpoena on the grounds that doing so is in the best interest of the public.  Grand juries have a duty to investigate government corruption.  New York Grand Juror Handbook

North Carolina -- May investigate any offense as to which no bill of indictment has been submitted to it by the prosecutor and issue a presentment accusing a named person or named persons with one or more criminal offenses if it has found probable cause for the charges made. An investigation may be initiated upon the concurrence of 12 members of the grand jury itself or upon the request of the presiding or convening judge or the prosecutor

North Dakota -- Grand juries have a duty to investigate government corruption.  Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.

Ohio -- A judge is responsible for the grand jury, and the judge appoints the foreman.  The prosecutor has no authority over the grand juries.  If the prosecutor has claimed authority, Ohio is a state where a declaratory judgment action should be filed to end this improper activity.  Ohio's grand jury statute is very sparse compared to most other states.  Ohio Grand Jury Guide

Oklahoma -- A judge is responsible for the grand jury, and the judge appoints the foreman. 22-4-324: Grand jurors "shall diligently inquire into, and true presentment make, of all public offenses against this state, committed or triable within this county (or subdivisions), of which you shall have or can obtain legal evidence."  22-4-331: "The grand jury has power to inquire into all public offenses committed or triable in the county or subdivision, and to present them to the court, by indictment or accusation in writing."  So, a citizen should be able to present charges and evidence to the grand jury.   Grand juries have a duty to investigate government corruption.  There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else.  If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority.  Oklahoma is a state where we definitely need a declaratory judgment action. Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.

Oregon -- A judge is responsible for the grand jury, and the judge appoints the foreman.  132.060: "...you will diligently inquire into, and true presentment or indictment make of, all crimes against this state committed or triable within this county that shall come to your knowledge...."  There is nothing in the Tennessee statutes to give a district attorney authority over the grand juries.  If the district attorney has claimed authority, the DA is violating the statutes as the DA has no authority.  If that's the case, Oregon is a state where we should have a declaratory judgment action.

Pennsylvania -- A judge is responsible for the grand jury, and the judge appoints the foreman.

Rhode Island -- County Grand JuriesState Grand Juries

South Carolina --Grand juries have a duty to investigate government corruption.  South Carolina Grand Jury Information

South Dakota -- A judge is responsible for the grand jury, and the judge appoints the foreman.  Grand juries have a duty to investigate government corruption.  23a-5-7: "...you will diligently inquire into and make indictments of all public offenses against the state about which you have or can obtain evidence and which were committed or are triable in this county...."  There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else.  If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority.  Oklahoma is a state where we definitely need a declaratory judgment action.

Tennessee -- A judge is responsible for the grand juries.  Tennessee Code of Criminal Procedure 40-12-04 says: "(a) Any person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury."  This means any citizen has the right to present charges and evidence to a grand jury.  Grand juries have a duty to investigate government corruption.  There is nothing in the Tennessee statutes to give a district attorney authority over the grand juries.  If the district attorney has claimed authority, the DA is violating the statutes as the DA has no authority.  If that's the case, Tennessee is a state where we should have a declaratory judgment action.

Texas -- A judge is responsible for the grand juries.  Texas Penal Code Section 20.09 says: "The grand jury 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."  This means a citizen may present charges and evidence to a grand jury.  Texas Grand Jury Handbook

Utah -- A judge is responsible for the grand jury, and the judge appoints the foreman.   77-10a-3: "Any grand jury summoned under this chapter may inquire into and indict for any criminal activity occurring within the state."  77-10a-9: "you will diligently inquire into and make true presentment or indictment of all matters and things as are given you in charge or otherwise come to your knowledge, touching upon your grand jury service...."  The state attorney may be present, but does not have any authority over the grand juries.  The are provisions for a statewide grand jury.  If the state attorney has claimed authority over the grand jury, Utah is a state where a declaratory judgment action should be filed.

Vermont -- The oath of grand jurors allows citizen-presented information to be considered by the grand jury.

Virginia -- Virginia Grand Jurors Handbook   

Washington  -- Grand juries have a duty to investigate government corruption.

West Virginia --Statutes.  The Oath allows citizens to present charges as grand jurors have a duty to inquire about any matters that come to their knowledge: "You shall diligently inquire and true presentment make of all such matters as may be given you in charge or come to your knowledge touching the present service."

Wisconsin -- ReportStatutes.  Citizens may present charges o a grand jury because thair oath requires "...solemnly swear or affirm that they will diligently inquire as to all matters and things which come before the grand jury...."

Wyoming -- A judge is responsible for the grand jury, and the judge appoints the foreman.  The grand jury may "iquire into any crimes committed or triable within the county and present them to the court by indictment...."  So, this means a citizen may present charges and evidence.  There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else.  If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority.  Wyoming is a state where we definitely need a declaratory judgment action.

Federal -- Grand Jury Manual.   Federal Rules of Criminal Procedure Rule 6.

 

State Codes

- Alabama Code
- Alaska Statutes
- Arizona Revised Statutes
- Arkansas Code
- California Law
- Colorado Code
- Connecticut Statutes
- Delaware Code
- District of Columbia Code
- Florida Statutes
- Georgia Code
- Hawaii Code
- Idaho Statutes
- Illinois Statutes
- Indiana Statutes
- Iowa Statutes
- Kansas Statutes
- Kentucky Revised Statutes
- Louisiana Laws
- Maine Revised Statutes
- Maryland Code
- General Laws of Massachusetts
- Michigan Compiled Laws
- Minnesota Statutes
- Mississippi Code
- Missouri Statutes
- Montana Statutes
- Nebraska Statutes
- Nevada Revised Statutes
- New Hampshire Statutes
- New Jersey Statutes
- New Mexico Code
- New York Code
- North Carolina General Statutes
- North Dakota Code
- Ohio Code
- Oklahoma Statutes
- Oregon Code
- Pennsylvania Statutes
- Rhode Island Code
- South Carolina Code of Laws
- South Dakota Statutes
- Tennessee Code
- Texas Statutes
- Utah Code
- Vermont Statutes
- Virginia Code
- Washington Code
- West Virginia Code
- Wisconsin Statutes
- Wyoming Statutes

William M. Windsor 

I am not an attorney.  I cannot give legal advice.  Please make your own determinations or seek legal advice should you know an honest attorney.

Disclaimer
This manual is intended purely as a communication of information in accordance with the right of free speech. It does not constitute either general or specific legal advice. Anyone seeking legal advice should consult a competent professional. Neither the author, editor or publisher guarantee that using this information will result in success or protect the reader from harm. The reader must accept that risk, and thoroughly study the law before using any of this material. Readers must take full responsibility for the consequences of any actions taken based on the contents of this manual.

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