Former Augusta Mayor Bob Young’s April 1 request to Chief Judge Daniel J. Craig for a special grand jury to investigate the current mayor could possibly spur some action if anyone in public office grabs the baton.
Although not just anyone can petition for an investigation of a public official, the chief judge of a county’s Superior Court bench on his own, a district attorney or any public official of a county can petition for a special grand jury investigation.
Craig-LetterMayor Hardie Davis’ spending has come under scrutiny periodically over several years. According to previous news reports, questions have been raised most recently over his use of county credit cards – the use of which was only set by policy this past year – and his spending and reporting of campaign funds.
If the chief judge decides on his own or if he receives a petition by another local public official to empanel a special grand jury to investigate any alleged violation of Georgia law, the chief judge takes the request to all of the county’s Superior Court judges. Those judges vote, and the majority for or against wins, according to state statute.
In Georgia, the latest such request approved by Superior Court judges was in Fulton County where a special grand jury is set to convene next month. It will be asked to decide if former President Donald Trump violated any state laws in his efforts to overturn the 2020 election results in Georgia.
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After an extremely close finish in Georgia showed Present Biden won the state, three ballot audits were conducted, including a hand count of every ballot cast in the 2020 election. Biden won Georgia, according to each of those audits.
After reports of Trump’s phone calls to state officials, Fulton County District Attorney Fani Willis petitioned the chief judge for a special grand jury. She reportedly faced opposition from potential witnesses unwilling to cooperate voluntarily, according to media reports.
A special grand jury has the power to compel evidence, subpoena witnesses, and inspect records, documents, correspondence and books of any department or other agency of the government. It can require the production of documents related directly or indirectly to its investigation, according to state law.
A special grand jury cannot issue any criminal indictment, but it can issue a public report of its findings and make recommendations. A regular grand jury can conduct civil inquiry into the functioning of local government, though it is limited by time. In Richmond County, the regular session of a grand jury is only about six weeks.
Former Augusta Mayor Young made a request for a special grand jury investigation of the operation of local government in November 1999. It was authorized by the Superior Court judges. That special grand jury made a specific and scathing finding about the Richmond County Fire Department and former chief Ronnie Few in July 2002.
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The Georgia Bureau of Investigation gathered evidence and the matter was referred to the state’s attorney general after the then district attorney, Craig, recused himself. The attorney general handed the case over to the district attorney in Savannah in June 2003. In January 2005, that prosecutor decided there would be no criminal indictment, according to media reports at the time.
Craig, the current chief judge of the Augusta Judicial Circuit, could not comment on the question a possible new special grand jury, but he did share a Dec. 19, 2003, memo he wrote to the then county administrator, George Kolb.
“The Special Grand Jury was convened in 1999, at the request of the mayor and upon the unanimous vote of all seven Superior Court judges.
“… The Grand Jury referred a matter concerning the Richmond County Fire Department to the GBI. The GBI has turned its findings over to the Attorney General,” Craig wrote.
The only communication a special grand jury is allowed is its presentments. It is prohibited from any other communication to anyone about its work, Craig noted.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.
