The Pennsylvania Senate Judiciary Committee is currently holding hearings to study possible changes to the Pennsylvania Grand Jury Statute. I contend that Section 4552 of the statute should be stricken for reasons discussed below.

Title 42 Pa C.S. Section 4552 of the grand jury statute which permits a grand jury to issue a report critical of the conduct of an individual, accusing him or her of incompetence or wrongdoing without recommending criminal charges, is a violation of  Article I, Section 1 of the Pennsylvania Constitution, as it permits the issuance of a final judicial order damaging a person’s reputation without the due process of law required by Article I, Section 11, of the Pennsylvania Constitution.

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