Grand jury's presentment may be published and treated as indictment.

- Though in absence of specific statutory authority the grand jury had no right to return a report charging or casting reflections of misconduct in office upon public officials or impugning their character, except by presentment or indictment, the grand jury's presentment may be widely published under former Code 1933, § 59-317 (see now O.C.G.A. § 15-12-80), and was treated as an indictment by former Code 1933, § 27-703 (see now O.C.G.A. § 17-7-51). Sweeney v. Balkcom, 358 F.2d 415 (5th Cir. 1966).

Secrecy.

- Under O.C.G.A. § 45-11-4(g), a public officer accused of unprofessional conduct had the right to appear before the grand jury to make a sworn statement as desired at the conclusion of the presentation of the state's evidence; however, a public official who was the topic of a critical grand jury presentment did not have any right to maintain the secrecy of the document under circumstances in which, contrary to the provisions of O.C.G.A. § 15-12-80, the grand jury caused the premature release of its presentments by giving them to the county attorney before presenting them to the superior court for publication. Decatur County v. Bainbridge Post Searchlight, Inc., 280 Ga. 706, 632 S.E.2d 113 (2006).

Remainder of grand jury report properly published.

- Trial court properly expunged a grand jury presentment of statements unnecessary to the purpose sought to be accomplished by the report that cast reflections of misconduct in office upon a public officer and impugned the officer's character; the remainder of the report was properly filed and published as the grand jury report was in the nature of a general presentment in which the grand jury took note of alleged excessive overtime for county employees, which was within the province of the grand jury, and its limited remaining criticisms came within the ambit of O.C.G.A. §§ 15-12-71(b) and (c) and15-12-80 as they did not appear to be criticisms of misconduct in office or impugned character. In re July-August, 2003 DeKalb County Grand Jury, 265 Ga. App. 870, 595 S.E.2d 674 (2004).

Cited in In re Gwinnett County Grand Jury, 284 Ga. 510, 668 S.E.2d 682 (2008).

C.J.S.

- 38A C.J.S., Grand Juries, § 100 et seq.