Petition for Disclosure of Evidence Presented to Franklin County Grand Juries in 1970

407 N.E.2d 513, 63 Ohio St. 2d 212, 17 Ohio Op. 3d 131, 1980 Ohio LEXIS 811
CourtOhio Supreme Court
DecidedJuly 23, 1980
DocketNo. 79-1316
StatusPublished
Cited by41 cases

This text of 407 N.E.2d 513 (Petition for Disclosure of Evidence Presented to Franklin County Grand Juries in 1970) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petition for Disclosure of Evidence Presented to Franklin County Grand Juries in 1970, 407 N.E.2d 513, 63 Ohio St. 2d 212, 17 Ohio Op. 3d 131, 1980 Ohio LEXIS 811 (Ohio 1980).

Opinion

Celebrezze, C. J.

The initial issue before this court is whether the trial court, under its inherent power to administer [215]*215the law, could release the grand jury transcripts in the case at bar.1 In order to decide this issue we must first determine if R. C. 2939.11 prohibits the disclosure sought.

R. C. 2939.11 states:

“The official shorthand reporter of the county, or any shorthand reporter designated by the court of common pleas, at the request of the prosecuting attorney, or any such reporter designated by the attorney general in investigations conducted by him, may take shorthand notes of testimony before the grand jury, and furnish a transcript to the prosecuting attorney or the attorney general, and to no other person. The shorthand reporter shall withdraw from the jury room before the jurors begin to express their views or take their vote on the matter before them. Such reporter shall take an oath to be administered by the judge after the grand jury is sworn, imposing an obligation of secrecy to not disclose any testimony taken or heard except to the grand jury, prosecuting attorney, or attorney general, unless called upon in court to make disclosures.”

By providing for disclosure only when “called upon in court,” the General Assembly recognized the great need to preserve grand jury secrecy. The General Assembly, though, also recognized that in some instances, justice requires that disclosure be made. As a consequence it did allow a court to order the reporter to disclose the contents of the grand jury transcripts in at least some instances. See State v. Laskey (1970), 21 Ohio St. 2d 187.

In Laskey the disclosure was made in the case initiated by the grand jury. However, need for such disclosure may well exist in cases other than those initiated by the grand jury. It would be absurd and unreasonable to limit disclosure to those cases initiated by a grand jury indictment. Because the legislature is presumed to enact laws which do not produce absurd or unreasonable consequences, American Chemical Soc. v. Kinney (1980), 62 Ohio St. 2d 258; Canton v. Imperial Bowling Lanes (1968), 16 Ohio St. 2d 47, we interpret R. C. 2939.11 to allow disclosure of grand jury transcripts in proceedings [216]*216other than those initiated by the grand jury, where justice requires.

Appellant seeks disclosure in the case at bar for purposes of a civil case. Appellee argues that even if disclosure is permitted in proceedings other than those initiated by the grand jury, such disclosure is limited to criminal cases.

Thus far this court has only allowed disclosure in criminal cases. As stated in paragraph three of the syllabus in State v. Patterson (1971), 28 Ohio St. 2d 181:

“Grand jury proceedings are secret, and an accused is not entitled to inspect grand jury transcripts either before or during trial unless the ends of justice require it and there is a showing by the defense that a particularized need for disclosure exists which outweighs the need for secrecy. (See State v. Laskey, 21 Ohio St. 2d 187, 191.)”

In adopting this rule we have relied heavily on the United States Supreme Court’s decision in Pittsburgh Plate Glass Co. v. United States (1959), 360 U.S. 395, rehearing denied, 361 U.S. 855. Pittsburgh Plate Glass involved Fed. R. Crim. P. 6(e).2 In relying on Pittsburgh Plate Glass this court recognized that courts in this state, under their inherent powers, have essentially the same control over grand juries as federal courts have under Fed. R. Crim. P. 6(e). As a consequence we look to the United States Supreme Court’s decisions regarding Fed. R. Crim. P. 6(e) for guidance in the case at bar.

The United States Supreme Court has made it clear that, in at least some civil cases, disclosure of grand jury transcripts may be required. United States v. Proctor & Gamble (1958), 356 U.S. 677; Douglas Oil Co. v. Petrol Stops Northwest [217]*217(1979), 441 U.S. 211, 60 L. Ed. 2d 156. Douglas Oil, for instance, involved a civil antitrust suit between private parties.

In Douglas Oil, at pages 166-167, the court summarized the standard which the Supreme Court has developed to deal with grand jury disclosure cases, stating that “the traditional secrecy of the grand jury may be broken***[when] [p]arties seeking grand jury transcripts * * * show that the material they seek is needed to avoid a possible injustice in another judicial proceeding, [and] that the need for disclosure is greater than the need for continued secrecy***. Such a showing must be made even when the grand jury whose transcripts are sought has concluded its operations***. For in considering the effects of disclosure on grand jury proceedings, the courts must consider not only the immediate effects upon a particular grand jury, but also the possible effect upon the functioning of future grand juries. Persons called upon to testify will consider the likelihood that their testimony may one day be disclosed to outside parties. Fear of future retribution or social stigma may act as powerful deterrents to those who would come forward and aid the grand jury in the performance of its duties. Concern as to the future consequences of frank and full testimony is heightened where the witness is an employee of a company under investigation. Thus, the interests in grand jury secrecy, although reduced, are not eliminated merely because the grand jury has ended its activities.

“***In sum, as so often is the situation in our jurisprudence, the court’s duty in a case of this kind is to weigh carefully the competing interests in light of the relevant circumstances and the standards announced by this Court. And if disclosure is ordered, the court may include protective limitations on the use of the disclosed material***. Moreover, we emphasize that a court called upon to determine whether grand jury transcripts should be released necessarily is infused with substantial discretion.”

In Douglas Oil, the court, applying these principles, held that disclosure of grand jury materials could be made in private civil cases, although it remanded the case, ruling that the trial court in Douglas Oil had abused its discretion in allowing disclosure in that case.

[218]*218We recognize the appropriateness of this decision. Although the nature of the need in a civil action may be different, there is no need to preclude disclosure in such cases. The needs of justice may well warrant disclosure in a narrow class of civil cases.

We hold that R. C. 2939.11 allows the court which supervises a grand jury to disclose evidence presented to the grand jury, where justice requires, in civil as well as criminal actions.

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Bluebook (online)
407 N.E.2d 513, 63 Ohio St. 2d 212, 17 Ohio Op. 3d 131, 1980 Ohio LEXIS 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petition-for-disclosure-of-evidence-presented-to-franklin-county-grand-ohio-1980.