What is the impact of a judge's opinion on a grand jury report?

California, United States of America


The following excerpt is from McClatchy Newspapers v. Superior Court, 245 Cal.Rptr. 774, 44 Cal.3d 1162, 751 P.2d 1329 (Cal. 1988):

I find it ironic that the majority, as in the 1973 grand jury case, cite Monroe v. Garrett (1971) 17 Cal.App.3d 280, 94 Cal.Rptr. 531. They obviously overlook the impact of that opinion, which, at page 284, 94 Cal.Rptr. 531, declares: "The public may, of course, ultimately conclude that the jury's fears were exaggerated or that its proposed solutions are unwise. But the debate which reports ... provoke [can] lead only to a better understanding of public governmental problems." (Italics added.) The public, not a judge, is to draw conclusions from the grand jury report. The public is to be provoked into [44 Cal.3d 1186] debate; the judge is not to prevent debate by suppressing all or part of the report.

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