Opinion · Colorado Court Opinions
CHARNES v. LILLY, 197 Colo. 460 (1979)
In the Matter of State Grand Jury Investigation: Alan Charnes,Executive Dir. of the Colo. Dep’t of Revenue v. Joseph N.Lilly, Chief Judge, Second Judicial Dist., 593 P.2d 967 (Colo. 1979)
- Type
- Opinion
- Court
- Colorado Court Opinions
- Jurisdiction
- Colorado
- Date
- 1979-04-30
- Topic
- general
CHARNES v. LILLY, 197 Colo. 460 (1979) (593 P.2d 967) In the Matter of the State Grand Jury Investigation: Alan Charnes,Executive Director of the Colorado Department of Revenue v. Joseph N.Lilly, Chief Judge, Second Judicial District No. 28496Supreme Court of Colorado. Decided April 30, 1979. Rehearing denied May 14, 1979.
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UpLaw has not yet analyzed CHARNES v. LILLY, 197 Colo. 460 (1979). The absence of a flag is not a finding that it is good law.
CHARNES v. LILLY,197 Colo. 460(1979)
(593 P.2d 967)
In the Matter of the State Grand Jury Investigation: Alan Charnes,
Executive Director of the Colorado Department of Revenue v. Joseph N.
Lilly, Chief Judge, Second Judicial District
No. 28496
Supreme Court of Colorado.
Decided April 30, 1979. Rehearing denied May 14, 1979.
Holm and Dill, Jon L. Holm, for respondent.
En Banc.
"(4) The report of the grand jury shall not be made public except when required by statute or except that all of the report or a portion thereof may be released if the chief judge of the district court finds such a release will exonerate a person or persons who have requested such a release."[1,2]In interpreting the statutory language, the trial judge concluded that the word "report" was all-inclusive and included transcripts, because,Page 462in many instances, the report is nothing but a condensation of what transpired before the grand jury. Moreover, there is nothing in the record that would indicate that the transcript would exonerate any "person or persons who have requested such a release." We agree with the district court.[3]The Attorney General does not question the validity of section16-5-205(4), C.R.S. 1973 (1978 Repl. Vol. 8), which we recently reviewed and upheld inde'Sha v. Reed,194 Colo. 367,572 P.2d 821(1977). The statute in question parallels the Grand Jury Reform Legislation recommended by the American Bar Association, and particularly Principle No. 10, which states:
"The Grand Jury should not be used by the prosecutor for the purpose of aiding or assisting in any administrative inquiry."
The purpose of the reform proposals and of section16-5-204was to prevent the grand jury process from being used as a subterfuge to obtain information for use in other proceedings such as the one which is before us.See also, Crim. P. 6.7 and 6.9.
Accordingly, we affirm.
MR. JUSTICE CARRIGAN does not participate.