The right of a citizen to present a complaint directly to a grand jury in West Virginia is established by State ex rel. Miller v. Smith, 168 W. Va. 745 (1981).
While most "Miller" searches lead to the famous 1995 "Plain Error" case, this 1981 decision is the foundation for the "Open Courts" provision regarding grand juries.
The Core Ruling: State ex rel. Miller v. Smith (1981)
The West Virginia Supreme Court of Appeals ruled that under Article III, Section 17 of the West Virginia Constitution (the "Open Courts" clause), any person has a constitutional right to present a complaint to a grand jury.
Syllabus Point 1: "By application to the circuit judge, whose duty is to insure access to the grand jury, any person may go to the grand jury to present a complaint to it."
Key Rules from the Decision
The Prosecutor Cannot Block You: A prosecuting attorney does not have the power to stop a citizen from appearing before a grand jury. Their role is to assist the grand jury, not to act as a "gatekeeper" who can unilaterally deny access.
The Judge is the Gatekeeper: If a citizen wants to present evidence or a complaint, they must apply to the Circuit Judge, not the prosecutor.
Protecting the "Sword and Shield": The Court emphasized that the grand jury serves a dual function: a "sword" to investigate crime and a "shield" to protect citizens from unfair prosecution. Allowing citizens to petition directly ensures the "shield" stays intact even if a prosecutor is biased or indifferent.
Modern Clarification: In re: Dreyfuse (2020)
Because the 1981 Miller ruling was so broad, the Court clarified the process in 2020 to prevent people from "clogging" the system with frivolous or abusive complaints.
The Current Process
Written Application: The citizen must file an application with the Circuit Court.
Prosecutor Review: The judge gives a copy to the prosecutor. The prosecutor can then decide to investigate the claim themselves or decline.
In-Camera Hearing: If the prosecutor declines or fails to act, the judge holds a private (in-camera) hearing to listen to the citizen and the prosecutor.
Judicial Discretion: The judge can deny the application if it is found to be frivolous, abusive, or intended to obstruct justice.
Summary Table
| Case | Year | Impact on Citizen Rights |
| State ex rel. Miller v. Smith | 1981 | Established the constitutional right of citizens to bypass the prosecutor and petition the grand jury via a judge. |
| In re: Dreyfuse | 2020 | Added procedural guardrails allowing judges to block applications that are "abusive" or "frivolous." |
Would you like me to help you draft a formal application to a circuit court, or do you need the specific syllabus points for a legal brief?
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