Section 936.7 Of Article 3. Legal And Other Assistants For Grand Juries From California Penal Code >> Title 4. >> Part 2. >> Chapter 3. >> Article 3.
936.7
. (a) In a county of the eighth class, as defined by Sections
28020 and 28029 of the Government Code, upon a request by the grand
jury, the presiding judge of the superior court may retain, in the
name of the county, a special counsel to the grand jury. The request
shall be presented to the presiding judge in camera, by an affidavit,
executed by the foreperson of the grand jury, which specifies the
reason for the request and the nature of the services sought, and
which certifies that the appointment of the special counsel is
reasonably necessary to aid the work of the grand jury. The affidavit
shall be confidential and its contents may not be made public except
by order of the presiding judge upon a showing of good cause. The
special counsel shall be selected by the presiding judge following
submission of the name of the nominee to the board of supervisors for
comment.
The special counsel shall be retained under a contract executed by
the presiding judge in the name of the county. The contract shall
contain the following terms:
(1) The types of legal services to be rendered to the grand jury;
provided, (i) that the special counsel's duties shall not include any
legal advisory, investigative, or prosecutorial service which by
statute is vested within the powers of the district attorney, and
(ii) that the special counsel may not perform any investigative or
prosecutorial service whatsoever except upon advance written approval
by the presiding judge which specifies the number of hours of these
services, the hourly rate therefor, and the subject matter of the
inquiry.
(2) The hourly rate of compensation of the special counsel for
legal advisory services delivered, together with a maximum contract
amount payable for all services rendered under the contract during
the term thereof, and all service authorizations issued pursuant
thereto.
(3) That the contract may be canceled in advance of the expiration
of its term by the presiding judge pursuant to service upon the
special counsel of 10 days' advance written notice.
(b) The maximum contract amount shall be determined by the board
of supervisors and included in the grand jury's annual operational
budget. The maximum amount shall be subject to increase by the
presiding judge through contract amendment during the term thereof,
subject to and in compliance with the procedure prescribed by Section
914.5.
(c) The contract shall constitute a public record and shall be
subject to public inspection and copying pursuant to the provisions
of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
However, at the sole discretion of the board of supervisors, any or
all of the following steps may be taken:
(1) The nomination by the presiding judge, and any or all actions
by the board of supervisors in commenting upon the nominee and the
comments, may be made confidential.
(2) The deliberations and actions may be undertaken in meetings
from which the public is excluded, and the communication containing
comments may constitute a confidential record which is not subject to
public inspection or copying except at the sole discretion of the
board of supervisors. Moreover, any written authorization by the
presiding judge pursuant to paragraph (1) of subdivision (a) shall
constitute a confidential record which is not subject to public
inspection or copying except in connection with a dispute concerning
compensation for services rendered.