In re 2000-2001 District Grand Jury in and for the First Judicial District

The majority distinguishes the case before us today from Gher v. District Court, 183 Colo. 316, 516 P.2d 643 (1973), which I believe is controlling. In Gher, we held that a grand jury is not authorized by statute "to extend its investigating jurisdiction into a civil or political annexation dispute by the hollow assertion that the inquiry has criminal overtones." Gher, 183 Colo. at 318, 516 P.2d at 644. The majority attempts to distinguish Gher as involving no possible violation of criminal law to investigate, noting that in the case before us today, a complaint, which alleged criminal…