a Grand Jury-report reflecting on the moral characterof..several county and city officers was not privileged (because there was no authority for the report),and so could-become.the,subject of-a libel action against the Grand Jurors. .~~~ The view expressed by the Texa8.courts.i~ in accord with the rule-of ,other jurisdictions. Volume 38;' prudence.2d-pages -974-976; Grand Juries; Sets. 29 and,30, states the rule thusly: "In the absence.of'special statutory author- .ization-;grana, juries cannot-~'act.incivil.matters." and ?In the'absence.of the statute,:a,grand jury has.no right.to.file.-a~~reportpflecting,on t&e character-:&Kconauctf..of,,pub~t~...officer~~ or~,citk..~ -,z&as;~-sunless-.it"is '~accoinpanie,d or"followedby :,an indictment." Accordingly, we are.of the opinion'that a Grand Jury can only.,investigate.,criminal matters with the end view being the voting of or rejection .of.-anindictment. It follows that a Grand Jury has 'no authority ~to.ieport~.on'non-criminalmatters and,any such-report.should not.be'filed..or.disclosedby the district court.
Iionorable George N. Rodriguez, page 4 (M-1171)
SUMMARY A Grand Jury can only investigate alleged criminal offenses and can only report as to in- dictments returned. s very truly,
(G%kzzL C. MARTIN ney General of Texas
Prepared by Lonny F. Zwiener Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman
Bob Lattimore Ben Harrison Jay Floyd John Reeves
SAMUEL D. MCDANIEL Staff Legal Assistant ALFRED'WALKER Executive Assistant NOLAWRITE First Assistant