Elbert BOC Grand Jury Subpoena Short Notice, But Not Unusual, Says DA White

Northern Judicial Circuit District Attorney Parks White says it is normal operating procedure for members of county offices to appear before a Grand Jury.

That statement comes in response to an article that appeared in the Elberton Star and the Hartwell Sun.

According to the article, the Elbert County Board of Commissioners were upset at having been subpoenaed by White to appear before a recent Grand Jury.

Elbert County Commission Chair Tommy Lyon told the paper he believed they were called because the DA is seeking more funding for his office.

But White said it was the Grand Jury’s idea to hear from the Commissioners and being called to testify should not have been a surprise.

“In addition to the normal duties of a Grand Jury in reviewing bills of indictment or returning a true bill or no bill, the Grand Jury is also chartered by law to perform certain inspections of county office to perform inspections,” White explained. “The reason for this is to ensure transparency and accountability to the constituency.”

White added the 23 members of the community that have been appointed to the Grand Jury have the opportunity to  subpoena any county official and have them offer testimony regarding the functioning of the office and also provide documentation of the monies on hand.

In addition to hearing testimony, a Grand Jury also has the right to visit any county office where they are authorized to examine books, records and accounts.

“There is but one method to compel an individual to appear before the Grand Jury, and that is a subpoena,” White said.

White said it has been years since any Elbert County commission appeared before a Grand Jury.  However, he did admit the subpoena, which was issued the day before, was short notice, but he said there was a good reason for that.

“The Grand Jury had conducted all other business and were done with all business, and to keep them any longer would mean having to pay each Grand Juror for each additional day they were in service. So, on their request to have them (Commissioners) appear before the Grand Jury, we provided subpoenas to have them appear before the Grand Jury the next morning,” White said.

Lyon told the paper that if the Grand Jury wanted anything from the county, all they had to do was ask.

Lyon charged White timed the board’s appearance before the Grand Jury to coincide with Elbert County Attorney Bill Daughtry’s trip to Atlanta to meet with Governor Nathan Deal.

But White said attorneys are not allowed to appear in a Grand Jury hearing with clients when it’s a civil matter.

 “No person has the right to have counsel present when it’s not a criminal proceeding,” White noted. “This was a civil function. The only people allowed to appear before the Grand Jury are the people that the Grand Jury requests; that they want to hear from. It’s a secret proceeding. Unless, it’s a criminal matter. For example, a law enforcement officer or elected official facing indictment. They have the right to have an attorney present.”

Lyon said board members were before the Grand Jury for about 20 minutes.  He said the board was questioned about county funding and asked why the county budget was not on the County’s Web site and available for public viewing.