At the time and date specified in the summons (usually the first day of the Term), those summoned for service on the Grand Jury assemble at the county courthouse (or other location indicated in the summons). At that time a Judge of the Superior Court or someone designated by the Judge will question the assembled jurors to determine if any of them are disqualified from serving. It is vital that you advise the Court if you have any reason to believe you may be disqualified. Failure to do so can invalidate the work of the Grand Jury during the Term and require those criminal cases to be re-presented to another Grand Jury.
The Grand Jury’s Legal Advisor – The District Attorney
By law, the District Attorney is the legal advisor for the Grand Jury. In so providing, the legislature recognized that most citizens who serve on the Grand Jury are unfamiliar with the many technicalities of the law.
The District Attorney is responsible for advising the Grand Jury on any questions of law or procedure. In 1973, the Georgia Supreme Court held that the Grand Jury must rely on the District Attorney for legal advice and may not employ any other lawyer for that purpose.
In addition to serving as legal advisor to the Grand Jury, the District Attorney and his Assistant District Attorneys are counsel for the State in all criminal cases that are brought before the Grand Jury. The District Attorney’s Office will prepare the cases for presentation to the Grand Jury and subpoena necessary witnesses.
The District Attorney and Assistant District Attorneys will be present with the Grand Jury when criminal cases are being presented. They will administer the oath to and question witnesses before the Grand Jury.