412 P.2d 441 | Nev. | 1966
By the Court,
This is an original proceeding for a writ of prohibition to stop further inquiry by the Washoe County Grand Jury into the operations of the Nevada State Hospital. The petitioner suggests that the permissive inquisitorial powers expressed by NRS 172.300(2) do not allow a county grand jury to inquire into the affairs of a state agency.
The district attorney of Washoe County presented to the grand jury certain information which his office had received concerning the Nevada State Hospital near Sparks, Washoe County, Nevada. That information concerned the possible commission of public offenses at the hospital and security arrangements regarding patients who have been convicted of criminal offenses, patients against whom criminal charges are pending, and patients who are dangerous to others. The grand jury caused subpoenas to issue demanding the appearance of the Nevada Director of Health and Welfare, a former superintendent of the Nevada State Hospital, and its present superintendent. The latter was also requested to produce “records of commitments or admissions of patients transferred from the Nevada State Prison or any prison or jail within the state, or whose admission is accompanied by a police hold.” The purpose and scope of the proposed inquiry was thus made clear. In this opinion we do not attempt to describe limitations upon the inquisitorial powers of the grand jury. We merely hold that NRS 172.220 requires that body to “inquire into all public offenses committed and triable within the jurisdiction of the court,” and that NRS 172.300 (2) permits the proposed inquiry into the security arrangements at the state hospital.
The basic inquiry on prohibition is jurisdiction. NRS 34.320. Although In re Ormsby County Grand Jury, 74 Nev. 80, 322 P.2d 1099 (1958), does not explicitly state that a county grand jury has jurisdiction to inquire into the affairs of a state office located within the county, the decision must be read to stand for that proposition as the court was aware of the problem and approved the grand jury inquiry of state officers subject to the limitations expressed. Indeed, the petitioner concedes such power with respect to all “public offenses” committed and triable within the county. NRS 172.220. He only
The petitioner’s other ground for prohibition is that Nev.Const.Art. 3, § 1
For the reasons expressed the application for prohibition is denied and this proceeding is dismissed.
NRS 172.300(2) provides: “The grand jury may inquire into any and all matters affecting the morals, health and general welfare of the inhabitants of the county, or of any administrative division thereof, or of any township, incorporated city, irrigation district or town therein.”
NRS 6.135(1) reads: “Upon request of the governor, or of the legislature by concurrent resolution, the district judge of any county shall cause a grand jury to be impaneled in the same manner as other grand juries are impaneled, except that the sole duty of a grand jury impaneled under the provisions of this section shall limit its investigations to state affairs, and to the conduct of state officers and employees. The report of such grand jury shall be transmitted to the governor and the legislature.”
Nev.Const.Art. 3, § 1, reads: “The powers of the Government of the State of Nevada shall be divided into three separate departments, — the Legislative, — the Executive and the Judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions, appertaining to either of the others, except in the cases herein expressly directed or permitted.”