Thank you for taking the time to learn the facts about Grand Jury in the State of Montana. We promise that after you learn these legal principles about Grand Jury you will find a sense of relief that there is indeed an answer to stem the corruption and bullying plaguing our governments today.

It comes down to educating people to understand the VALUE of their Rights, YOUR Rights, and what is at OUR disposal.

After you review the following information you will see and understand the need to bring forth a minor Montana Constitutional amendment through a legislative referendum, and to subsequently amend our Grand Jury law to create an easier path to impanel a Citizens Grand Jury.

We have provided links in this information to take you directly to the Montana Constitution and the Montana Code Annotated to see precisely where the Articles and Titles are that are pertinent to Grand Jury and this discussion.

The use of our Grand Juries will begin the due process of clearing the criminals out of our government and our courts. Those servants that cannot adhere to our laws, ethics, and Constitution will be removed. No more cronyism or hiding behind frivolous immunity laws which were originally created, by our lawmakers, with the intent to protect servants from honest mistakes, NOT a green light to behave nefariously with impunity as some are doing today.

The late U.S. Supreme Court Justice Scalia in U.S. v Williams, 1992. "The Grand Jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor require leave of the court to seek a Grand Jury indictment."
If Americans, and Montanans, understood the extent of their power to arrest corruption when they serve on a Grand Jury, the roster of Grand Jury volunteers would include ½ the county residents. That roster is known as 'Venire Pacias Juratores', or simply as Venire. The Montana State Council on Judicial Accountability recently did a short survey of all 56 Montana county clerks of district courts regarding their use (or lack thereof) of Grand Jury in their county. The results are at the end of this tutorial. Include a synopsis of our clerk of district court survey results.

I. WHAT IS ‘GRAND JURY’? (A synopsis)

Well, to start, a Grand Jury IS NOT a jury in a trial in a courtroom. Please Nix that thought or belief right now!

A Trial Jury consists of 12 people, a Grand Jury consists of 11 people.

In every county courthouse you will find a special chamber with a placard reading ‘Grand Jury Room’ for the exclusive use of any Grand Jury panel convening within that state judicial district. This chamber is The People’s Office, in The Peoples Building!

A Grand Jury is a special group of citizens in a county, called and empowered by the Montana Constitution and law, to conduct private, open ended legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought, called an indictment, or a 'True Bill.' It is completely separate from the courts which cannot preside over its functioning.

The Grand Jury IS known as 'The people’s panel' or 'The court of inquiry.'
The Grand Jury IS an institution of We The People, NOT our civil servants.

It is the People's sword and shield because it WORKS for the People to arrest evildoers and to PROTECT any individual against corrupt, vindictive and overzealous governments.

We The People are the top of the pecking order, not judges or attorneys!

WE THE PEOPLE have the authority and lawful power to arrest corrupt actors.
WE THE PEOPLE have not arrested government criminals because most of us don’t realize we CAN! Now you DO!

The Grand Jury is a legal, singular and separate, independent governmental quasi-judicial and enforcement entity. It is not constitutionally assigned to ANY of the other 3 branches NOR be controlled by them.

II. OUR CONSTITUTION AND CODES (LAWS).

Our Montana Constitution has a Preamble and 14 " Articles." Our Montana Code Annotated has “" Titles" which define our laws.

First, let us begin with our Montana Constitution, Article II, Part II, Section 20 which establishes that We The People have the Constitutional right to a Grand Jury.

ARTICLE II. Declaration of Rights.
PART II. Declaration of Rights.
SECTION 20. Initiation of Proceedings. (1) …… All criminal actions in district court, except those on appeal, shall be prosecuted either by information, after examination and commitment by a magistrate or after leave by the (district) court, OR by indictment without such examination, commitment, or leave.
(2) A Grand Jury Shall consist of 11 persons, of whom 8 must concur to find an indictment. A Grand Jury shall be drawn and summoned only at the discretion and order of the district judge.

Secondly, we go to our Montana Code Annotated (laws) where there are 3 classifications of juries defined in
Title 3, Chapter 15, Part 1, section 2 ( MCA 3-15-102 ):
TITLE 3. Judiciary, courts.
CHAPTER 15. Juries and Jurors.
PART 1. Juries - - Definition and composition.
SECTION 2. Kinds of Juries. Juries are of 3 kinds.
1) Grand Juries;
2) Trial Juries;
3) Juries of inquest.
Furthermore following, in section 3, it then defines our Grand Jury: 3-15-103. Grand Jury defined. A Grand Jury is a body of persons, 11 in number, returned as provided by law from the citizens of a county before a court of competent jurisdiction and sworn to inquire into public offenses committed or triable within the county.

And lastly, in Title 46, Chapter 11, Part 3, Section 1 ( MCA 46-11-301 ): LINK TITLE 46. Criminal procedure. CHAPTER 11. Commencement of prosecution. PART 3. Grand Jury. SECTION 1. Summoning a Grand Jury. A Grand Jury may only be drawn and summoned when the district judge, in the judges discretion, considers a Grand Jury to be in the public interest and orders the Grand Jury to be drawn or summoned.

1) ‘in the judges discretion’;
2) ‘in the opinion of the district court judge’, and;
3) ‘only at the discretion and order of the district judge’...... …..are nasty terms because discretion is a hard thing to challenge in court. But, there is a phrase ‘abuse of discretion’. This discretion should err on the side of letting We The People investigate plausible criminal activity.Recall back to Supreme Court Justice Anthoney Scalias 1992 opinion: “The Grand Jury requires no authorization from its constituting court to initiate an investigation…..”. This is true. Once a Grand Jury is impaneled it can investigate anything it wishes. The problem is getting the Grand Jury impaneled! As you can clearly see from the Articles and Codes (laws) it takes a single district court judge to authorize the impaneling of a county Grand Jury. An investigation cannot commence UNTIL that Grand Jury is seated.

We have laws and judicial canon of ethics that prohibit judges from doing anything that might cast doubt on the integrity of the courts. Given a CITIZENS suspicion (and proof) of wrongdoing, does it not cast serious doubt on the integrity of a judge if s/he refuses to call a Grand Jury??? What does it cost him or her to call one? Nothing! The Grand Jury is NOT a function of the court system itself. It is an impaneled group of private county citizens (11) to inquest criminal wrongdoing. It is NOT, nor can be, controlled or directed by the court once it is impaneled. When you serve on a Grand Jury your “office” is entirely independent of the office of the judge and prosecutors. It is an institution completely separate from the courts over who’s functioning the courts DO NOT preside.

In Montana, there are TWO WAYS to charge someone with a crime:

The first (and only way WE have been allowing it to occur) is by what is known as “Affidavit, Motion, and Order for Leave to File Information Direct”.
This is where the police (our servants) perform the ‘investigation’, then submit their ‘request for warrant’ to the county attorney (servants) who generally fail to even verify the ‘information’ in said report (a violation of ethics).
Many times this report contains false information and is ‘shaded’ by the police to give the appearance that a crime has been committed.
The county attorney then files the “Affidavit, Motion, and Order for Leave” with the district court judge (servant) who in essence rubber stamps the document creating the warrant for arrest bringing the charges.

The second is through an indictment by a Grand Jury (The Peoples Panel, The Court of Inquiry). The Grand Jury is convened and investigates the facts and allegations rather than the police. The Grand Jurors are to be the judges of the law and facts. They are known in the law as “Quasi-judicial officers” and for their term they are, and make no mistake about this, judges. They have full power to subpoena documents, deposewitnesses or suspects. Once impaneled it needs no authorization from judges or attorneys. In fact, it is unlawful for a judge or attorney to involve themselves in the proceedings of a Grand Jury unless requested by the foreperson.

The Rights of the community, YOUR community, include an honest government and justice system. Secrecy is the enemy of trust! Enforcement of the rights of community members against usurpation by rogue government servants MUST be addressed.

The Grand Jury IS THE HIGHEST AUTHORITY in the county court system!
It is the People’s legal body empowered to conduct official, secret inquest’s in the county courthouse to investigate potential criminal conduct to determine whether a serious crime may have been committed, and bring criminal charges so that a criminal case may proceed to court (trial by jury).

A Grand Jury IS NOT a tool to be controlled or abused by any other branch of government. The Grand Jury IS NOT an agency under the auspice direction or control of any other branch of government, including the judiciary.

The Grand Jury is possessed with extraordinary inquisitional power. They may, upon nothing more than a rumor, commence their inquiry into an entities (personal or government) conduct in this state.

There are two significant differences between a criminal trial jury, and the criminal inquest of a Grand Jury.
First, the GJ primary focus is upon the question of whether a crime(s) was committed as opposed to a trial jury who presumes that a crime has been committed. Unfortunately today, most juries DO presume a crime has been committed. The adage ‘Innocent until proven guilty’ is moreso claimed than actually believed.
Second, The Grand Jury needs to go only to the question of probable cause to believe that a crime has been committed and that a person or entity accused probably committed, or did commit the act. Upon this probable cause the GJ will issue an indictment (true bill), then it goes to a regular jury trial.

We, as citizens of Montana, have the right of free access to a Grand Jury (venire). The Grand Jury is a tool available directly by the People or an individual citizen, and is society's most powerful tool against organized crime, corruption in the cities, counties or state, if the crime is committed against the states residents.

If ‘WE THE PEOPLE’ created the Constitution, whose job is it to make sure it is obeyed?!

When we go into the practical operations of a county Grand Jury, and discover the power that we ourselves have to end this nightmare through Grand Jury, it is like a blind man being able to see. A whole new world will open up to us, We The People.

YOU have the authority and the duty to serve on a Grand Jury, in some capacity, and on a regular basis. YOU have essentially unlimited power to investigate crime, once seated as a Grand Juror. The Grand Jury is independent of the court. If a judge or a county attorney directly attempts to tamper with or otherwise influence your Grand Jury panel while you are in evidence collection, witness/suspect depositions, or other investigative methods, that is “contempt of Grand Jury”, and constitutes grounds for a new criminal ‘Presentment’ against that public servant.

YOU have the actual, ultimate power to pursue evildoers and take an active role in your counties legal system through Grand Jury!

You will learn that the legal industry has attempted to shut down Grand Jury across America including Montana.

We The People got into this mess of judicial corruption by forgetting that WE, not the supreme court or the county judges, are the last word on the law and the constitution. The Grand Jury is an old institution that is a part of our common law system. Corrupt judges and prosecutors have tried to kill it off but have failed.

Our ignorance of the Constitution and The Civic It Stipulates gives our public servants the treacherous idea that they are our masters rather than our servants.

THE FACTS
Grand Jury is not in the body of the Constitution, but is mentioned in the Bill of Rights (amendment V). Therefore, it does not belong to any branch of government. It is a constitutional fixture in its own right.Grand Juries have demonstrated repeatedly that they can effectively arrest “centralized” corruption in the name of the People. Today, Grand Juries remain the People’s surest, strongest weapon against government corruption.

The Grand Jury is Society’s most Powerful tool against organized crime, corruption in the cities, counties or State, if the crime is committed against the States residents. The Montana Constitution, Article II (Declaration of Rights), Part 2 (Declaration of Rights), Section 20 (Initiation of proceedings) makes plain that the Montana Grand Jury is a Child of our legislature…..not a child of common law or our judiciary.

The Grand Jury is one of the best kept secrets in our Blessed Republic to quell the corruption occurring in our judiciary. We The People have the authority and lawful power to arrest corrupt actors and end the hijacking of our court system.

The Grand Jury is a vital “Peoples Check” on ALL government operations, and that every government office is within the Aegis of the Grand Jury, giving the People’s Panel an unrivaled ability to suggest public improvements and expose corruption.

You are not in a trial and you are not convicting or acquitting anyone. You are part of a called panel to meet in private and determine if probable cause sufficiently exists, to order the county attorney to charge someone with a crime (or not), known as an indictment (a true bill)

The most necessary function of a Grand Jury today is to root out criminals in the county’s legal system itself, or private sector criminals who are “to big to indict” or have paid law enforcement, prosecutors, and/or judges.

It is a fundamental right of a Montana Citizen to have free access to a Grand Jury. When a credible suggestion is made to a judge about the need for a Grand Jury, does it not become the duty of that judge to call a Grand Jury????? Absolutely Our Montana Constitution and laws, together with amendment V of the U.S. Constitution (and Rule 6) establishes a clear duty for a county judge to comply with all such demands of a Grand Jury, or else be the target of an inquest by a Grand Jurythemselves, summoned by a “Mandamus” by a higher court. Of course, in Montana, that would be the supreme court.

One consideration is for Montana to follow Federal Rule 6 of the criminal procedure, by including in our code “that when the public interest so requires, the court MUST ORDER that a Grand Jury be summoned and impaneled.”

The Federal Rules of Criminal Procedure recognize the primordial authority of the people over our own inquests. In Rule 6 we read: (a) Summoning a Grand Jury. (1) In general. When the public interest so requires, the court MUST order that one or more Grand Juries be summoned.

So, our State Constitution and laws that require a judge to authorize a Grand Jury, together with Article V and Rule 6 of the U.S. Constitution establishes an even clearer duty for a district judge to comply with citizens demands.

If a judge obstructs the authorization of a Grand Jury, on this conflict, and on the common-law precedent, and on the non-annihilation principle from the declaration of independence, a sheriff or other magistrate should indeed impanel a Grand Jury if recourse is exhausted to get a judge to do so.

Any judge may be suspended or removed for willful misconduct in office including conduct prejudicial to the administration of justice which brings the office into disrepute. Although most states require the county or a judge to call for a Grand Jury, Six states allow citizens to circulate a petition to have one Impaneled. (Kansas, Nebraska, N.M., Nevada, N.D., and Oklahoma)

Furthermore, Six states have passed laws stipulating that when citizens demand that a Grand Jury be impaneled, the judge MUST do it. But, no “law” like this is needed as a judge must constitutionally do so.

State judges resist impaneling Grand Juries. People will never indict themselves. That’s WHY it’s a must that we need a change in the law on HOW TO authorize/impanel a Grand Jury. Never underestimate the power of a bureaucrat to add his or her power over you. As a species, the worst offender in this category is judges. Probably the second worst is state’s attorneys.

Article VI, Section 2 of the Constitution: “This Constitution, and the laws of the United States shall be made in pursuance thereof…..shall be the supreme law of the land; and the judge in every state shall be bound thereby.Mandamus - A judicial writ - An order from a higher court to do a specific act which that body (lower court) is obligated to do under the law and which is a statutory duty. If our county/state judge is recalcitrant and refuses to impanel a Grand Jury, that judge would become the target of an inquiry also.

The Rights of the community, YOUR community, include an honest government and Justice system. Secrecy is the enemy of Trust! Enforcement of the rights of community members against usurpation by rogue government servants must be addressed. WE THE PEOPLE have the authority and lawful Power to arrest corrupt actors. WE THE PEOPLE have not arrested government criminals because most of us don’t realize we can! The Grand Jury can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not. It need not identify the offender it suspects or even the precise nature of the offense it is investigating. The Grand Jury REQUIRES NO AUTHORIZATION FROM IT’S CONSTITUTING COURT TO INITIATE AN INVESTIGATION, NOR DOES THE PROSECUTOR REQUIRE LEAVE OF THE COURT TO SEEK A GRAND JURY INDICTMENT. THE GRAND JURY REMAINS FREE TO PURSUE IT’S INVESTIGATIONS UNHINDERED BY EXTERNAL INFLUENCES OR SUPERVISION.

We the people would be fools to give up our most powerful law enforcement institution. All State and local officers (public servants) are subject to the inquisition of the Grand Jury.

The interim method (in addition to a recall/impeachment) for holding all state and local public servants ACCOUNTABLE by the people is the Grand Jury.

The GJ is divided into two parts: The chief judge (the foreperson) and the panel of all other judges (jurors). Together they are known as the tribunal or, The Grand Jury.

This “court of inquiry” is populated by 11 “Judges of the law” and takes 8 to hand down an indictment in Montana.We The People must not allow judges, prosecutors, court staffers, and sheriffs to operate unsupervised as they do today. In each county the people must serve in GJ to Montanas law and order.

The fundamental function of the Grand Jury is to discover possible criminal activity but also to assure that criminal activity is not occuring in our county/state. A Grand Jury investigates crime in one county.

A Special Grand Jury covers multiple counties.

If any species of servants has shown utter contempt for the constitution, it is the egotistical petty emperors wearing black robes. Showing “honor” to the people who look down their noses at you to steal from you, strip you of your liberty, harm your family and despise us, their employers, deserve nothing but dishonor!