Ex Parte Edone

In Ex Parte Edone, 740 S.W.2d 446 (Tex. Crim. App. 1987) the Court overruled an earlier decision holding that violation of a court order to answer grand jury questions was a contempt of the grand jury and not of the court itself. It logically follows that violating a court order to produce documents in a grand jury would likewise constitute contempt of court, and not merely of the grand jury, contrary to Marek's holding. In supporting its position, Edone characterized the grand jury as "an appendage of the court, powerless to perform its investigative function without the court's aid, because powerless itself to compel the testimony of witnesses. It is the court's process which summons the witness to attend and give testimony, and it is the court which must compel a witness to testify if, after appearing, he refuses to do so." With this language, Edone characterized the subpoena power as a power of the court and not merely a ministerial function performed by the clerk.