Edward Jesse Dreyfuse, In re Application to Present Complaint to the Grand Jury

Summary

The Supreme Court of Appeals of West Virginia held that a private citizen’s constitutional right to present a complaint to a grand jury is subject to reasonable limitations designed to prevent abuse of the judicial process. A circuit court may deny such an application only upon a showing that the applicant’s conduct demonstrates a clear intention to obstruct the administration of justice, and the denial order must contain findings and conclusions sufficient for meaningful appellate review. The court reversed and remanded because the circuit court’s conclusory denial lacked such findings and conclusions.

Holdings

1. A private citizen's right under article III, section 17 of the West Virginia Constitution to present a complaint to the grand jury upon application to the circuit court is subject to reasonable limitations designed to protect the judicial system from abuse.
2. A circuit court may not deny a private citizen's application to present a complaint to the grand jury without a showing that the citizen's conduct demonstrates a clear intention to obstruct the administration of justice, and the denial order must contain findings of fact and conclusions of law adequate for meaningful appellate review.
3. A private citizen must first apply to the circuit court. The court must provide the application to the prosecuting attorney, who may initiate grand-jury proceedings or decline to do so. If the prosecutor declines or fails to act within a reasonable time, the citizen may seek circuit-court review, and the court must conduct an in-camera hearing allowing the citizen and prosecutor to address the application.

Questions Presented

1. Whether a private citizen's constitutional right to present a complaint to the grand jury is subject to reasonable limitations to prevent abuse of the judicial process.
2. Whether a circuit court may deny a private citizen's application to present a complaint to the grand jury without findings of fact and conclusions of law.
3. What procedure a circuit court must follow when a private citizen applies to present a complaint to the grand jury.

Disposition

reversed_and_remanded