California, United States of America
The following excerpt is from Jackson v. Superior Court of Contra Costa Cnty., 235 Cal.Rptr.3d 896, 25 Cal.App.5th 515 (Cal. App. 2018):
Thus, in State v. Murphy (1988) 110 N.J. 20, 538 A.2d 1235, the prosecutors convened a grand jury to consider an alleged conspiracy to defraud various insurance companies. Before presenting evidence to the grand jury, a deputy attorney general identified for the grand jurors both the alleged perpetrators and the insurance companies that were victims of the purported fraud. Two of the grand jurors disclosed that they were currently employed by two of the insurance companies. Although the assignment judge supervising the grand jury was sitting and available in a nearby courthouse, the deputy attorney general did not inform the judge of the first juror's potential conflict of interest and possible bias, but instead, on his own initiative, excused the grand juror from sitting on the grand jury. ( Id. at pp. 12361237.) One of the responsible deputy attorneys general then instructed the jury foreperson to speak off the record with the second juror in order to investigate his potential bias. The foreperson apparently conducted the inquiry in the presence of the other jurors, and reported back that the grand juror was reluctant to say whether he wished to remain on the grand jury, but said he would be " 'a little prejudice[d].' " The grand jurors took a vote among themselves, and decided to retain the juror. ( Id. at p. 1237.)
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