Narrative Opinion Summary
The case involves a petition for review concerning the right of an inspector in the division of criminal justice to access the findings, transcripts, and records from Judicial Inquiry No. 85-01, conducted by an investigatory grand jury panel. The inquiry had led to an arrest warrant for an individual, who subsequently filed a federal lawsuit against the inspector alleging constitutional violations. The inspector sought the grand jury transcripts to defend against these allegations, but the request was denied without a hearing. The central legal issue revolves around the statutory standard governing the release of grand jury records, transitioning from a 'particularized need' to a 'public interest' standard following the 1985 amendment to General Statutes 54-47. The court directed the grand jury panel to hold a hearing to evaluate the public interest in disclosure, highlighting that procedural rights include the option for aggrieved parties to appeal panel decisions within a specified timeframe. The case underscores the procedural and substantive criteria for the release of grand jury materials, emphasizing the role of the grand jury panel in determining the necessity of such disclosures.
Legal Issues Addressed
Access to Grand Jury Transcripts under General Statutes 54-47subscribe to see similar legal issues
Application: This principle addresses the conditions under which grand jury findings, transcripts, and records may be accessed, focusing on the 'public interest' standard for disclosure.
Reasoning: The investigation's findings and records are to be sealed, but the grand jury panel can disclose them if deemed in the public interest.
Appeal Rights from Grand Jury Panel Decisionssubscribe to see similar legal issues
Application: Individuals dissatisfied with grand jury panel decisions regarding disclosure have the right to appeal, outlining the procedural rights afforded in such cases.
Reasoning: Individuals aggrieved by the panel's decisions can appeal within 72 hours.
Judicial Inquiry and Investigation Processsubscribe to see similar legal issues
Application: The case examines the procedural aspects of a judicial inquiry, including the involvement of grand jury panels and the necessity of a hearing to determine public interest.
Reasoning: A hearing is required to assess public interest, which was not held in the current case where disclosure was denied summarily.
Standard for Disclosure Pre- and Post-1985 Amendmentsubscribe to see similar legal issues
Application: The case contrasts the 'particularized need' standard for disclosure with the current 'public interest' standard under the amended statute.
Reasoning: Prior to the 1985 amendment, disclosure was based on a 'particularized need,' a standard that remains unclear in comparison to the current 'public interest' standard.