Grand Jury of Douglas County, In re, S-91-776
| Decision Date | 30 December 1993 |
| Docket Number | No. S-91-776,S-91-776 |
| Citation | 244 Neb. 798,509 N.W.2d 212 |
| Parties | In re GRAND JURY OF DOUGLAS COUNTY. Ernie W. CHAMBERS, Appellant, v. DOUGLAS COUNTY DISTRICT COURT, Appellee. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. Criminal Law: Juries: Probable Cause: Indictments and Informations. It is the duty of a grand jury to inquire into offenses against the criminal laws of the State of Nebraska alleged to have been committed within the limits of the county in and for which the grand jury is impaneled and sworn and to determine based on the evidence presented whether or not there is probable cause for finding indictments.
2. Juries. The members of a grand jury are sworn to secrecy.
3. Juries: Indictments and Informations. A grand jury's report shall not be made public except when it is filed with an indictment, when reporting on the condition of the county jail, or when a person or persons have requested a release and a judge of the district court finds that such release will exonerate that person or persons.
4. Juries: Public Officers and Employees: Indictments and Informations. In the absence of a statute authorizing such, a grand jury has no right to file a report reflecting on the character or conduct of public officers or citizens, unless it is accompanied or followed by an indictment charging such individuals with a specific offense against the state.
5. Juries: Records. Anyone who has been the subject of an unauthorized report by a grand jury has the right to have the report expunged from official records.
Ernie W. Chambers, pro se.
Don Stenberg, Atty. Gen., and Delores Coe-Barbee, Lincoln, for appellee.
Ernie W. Chambers appeals from the trial court's denial of his motion to expunge material from the report issued by the Douglas County Grand Jury, which was convened to investigate crimes connected with the collapse of the Franklin Community Federal Credit Union in Omaha, Nebraska.
On November 4, 1988, federal authorities assumed control of the Franklin Community Federal Credit Union. After much publicity and many allegations, the Nebraska Legislature passed a resolution forming a committee to investigate allegations surrounding the closing of the credit union. Chambers, who was a member of the Legislature, was appointed vice chairperson of the committee, but later resigned from the committee.
On January 31, 1990, Robert Spire, then Nebraska's Attorney General, filed an application in the district court for Douglas County to convene a grand jury for the purpose of investigating allegations of criminal activity connected with the credit union.
The grand jury was convened and charged on March 19, 1990. On July 23, 1990, the grand jury completed its report and requested that it be filed and made public. After the report was filed with the district court, it was released to the public and publicized by the news media.
The report was a wide-ranging document that discussed numerous matters and individuals and even recommended action be taken in Washington County, Nebraska, against certain individuals named in the report. Chambers and many other persons were criticized in the report, and much of what was apparently testimony before the grand jury was summarized or otherwise discussed in the report.
Chambers filed a motion to expunge the page containing criticism of his involvement in the investigation of the credit union case and such other portions of the report as the court deemed fit. His motion was denied on July 17, 1991. Chambers has appealed to this court and assigned as error the district court's failure to grant his motion to expunge.
It is the duty of the grand jury to inquire into offenses against the criminal laws of the State of Nebraska alleged to have been committed within the limits of the county in and for which the grand jury is impaneled and sworn and to determine based on the evidence presented whether or not there is probable cause for finding indictments. Neb.Rev.Stat. §§ 29-1406(2)(a) and (e) and 29-1407 (Reissue 1989). The grand jury may, during its term, visit the county jail, examine it, and report its condition. Neb.Rev.Stat. § 29-1417 (Reissue 1989).
The members of the grand jury are sworn to secrecy. Neb. Rev.Stat. §§ 29-1404 and 29-1405 (Reissue 1989). However,
[a] certified or authorized reporter shall be present at all grand jury sessions. All grand jury proceedings and testimony from commencement to adjournment shall be reported. The reporter's notes and any transcripts which may be prepared shall be preserved, sealed, and filed with the court. No release or destruction of the notes or transcripts shall occur without prior court approval.
Neb.Rev.Stat. § 29-1407.01(1) (Reissue 1989).
The grand jury's report "shall not be made public...
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