Grand Juries Can Abuse Civil Rights

* In a Sept. 19 letter, R. Johnson criticized legislation I wrote (AB 527) which would allow the target of a grand jury the right to have counsel present during grand jury questioning.

I strongly disagree with Johnson’s point of view that citizens should not be given this protection.

The power to take away a person’s liberty is the most formidable power a free people can bestow upon its government. News events every day remind us how much we rely upon our law enforcement to protect those same liberties.

However, the recent allegations of misconduct in the Rampart Division of the Los Angeles Police Department show us that the legitimate law enforcement needs must be balanced with reasonable safeguards to protect against the potential for the abuse of our civil rights.

With the potential for abuse in mind, my legislation strikes an appropriate balance on behalf of all citizens who may find themselves in the cross hairs of a criminal investigation.

The bill simply allows a grand jury target to have counsel present during grand jury questioning. The new rule is narrowly tailored; counsel must be silent during the questioning and must maintain grand jury confidentiality.

Both the U.S. Supreme Court and the American Bar Assn. have recognized the potential for prosecutorial misconduct during grand jury proceedings.

At least 17 other states have already granted their citizens the right to have counsel present during grand jury questioning--a protection recently afforded the president of the United States.

We should add California to the growing list of states providing the average citizen with the right to counsel before a grand jury.

SCOTT BAUGH

Assembly member, 67th District