20-05 Court Procedures

Court Procedures

• This directive provides guidelines for court notification, continuances, and other miscellaneous court procedures.
• Members' testimony in court is among the highest priorities of their responsibilities.
• Court appearances are vital to the integrity of the criminal justice process.

General Guidelines

• Members will promptly respond and comply with any reasonable request by local, state, or federal officials to cooperate and assist with preparation for court matters.
• Members will maintain professional appearance and conduct during participation in meetings, testimony preparations, depositions, hearings, and trials.
• Members are expected to attend court even on their regular days off.
• Members on extended leave or family medical leave will be authorized for compensation if they appear in court when a continuance could not be obtained by the Office of General Counsel (OGC).

Court Notification

• Municipal Court Liaison Office (Court Liaison) obtains the Court Notification Docket weekly.
• The docket contains trial cases only and is a mandatory court appearance.
• Members are responsible for reviewing the docket for pending court dates upon receipt of the notification.
• Members who receive a court notification for a case that is not theirs are responsible for advising their supervisor of the error.

Court Appearances

• Members are expected to attend court even on their regular days off.
• Only the most serious circumstances will be permitted to interfere with court appearances.
• Members will refuse any call-for-service while responding to court and advise the dispatcher of the pending court appointment.
• If a member is delayed for court for any reason, they will notify their immediate supervisor and the Court Liaison.

Dress Code

• Members attending court or Grand Jury as a result of a police action and on behalf of the Department will wear Class A, Class B, or professional business attire.
• Members attending court as a defendant on a case that is unrelated to police business will not appear in court in their department-issued uniform.

Municipal Court Sign-In

• Sign-in sheets will be maintained at the prosecutor's table in each Municipal Courtroom.

• Members will sign the sign-in sheet prior to each session, acknowledging their presence in court.

• Members will not sign another member's name on the sign-in sheet.

• Members will not sign a sign-in sheet for a court session later or earlier than the one they are presently attending.### Court Appearances Procedure

• Municipal Court Officers obtain sign-in sheets at the end of each day and forward them to the Court Liaison.

• The Court Liaison retains sign-in sheets according to the retention schedule.

Firearm Policy During Court Appearances

• Members must remove their firearm before testifying in State Circuit Court jury trials and will be provided with a gun locker by the county sheriff's department.
• Members entering the Federal Court Building will be provided with a gun locker by the lobby security guard.
• Members retain their firearms when testifying in Municipal Court and/or Associate Circuit Court.
• Any judge can alter this procedure as it relates to their courtroom.
• Members who are not provided a gun locker and are requested to remove their weapon may refuse to proceed with the appearance and should contact a department supervisor for assistance.

Failure to Appear in Court

• The Municipal Court Prosecutor's Office monitors court appearances.
• If a member fails to appear, the Court Liaison will be contacted and informed of the issue.
• The Court Liaison reviews the Municipal Court Sign-In and continuance requests to determine if a member has failed to appear in court.
• The Court Liaison notifies the member's bureau commander in writing through the chain of command if a member has failed to appear in court.
• FAAS notifies the member's supervisor in writing by telephone and email when a member has failed to appear in state or federal court.
• The member's supervisor determines the circumstances surrounding their failure to appear in court or to sign the sign-in sheet.
• Members are subject to disciplinary or corrective action if they are unable to justify their failure to appear in court or to sign the sign-in sheet.

Changes of Court Groups

• When a change of a department member's assigned court group is necessary, the member forwards an email request through their chain of command.
• If the request is approved, the Court Liaison reviews and makes the change and notifies the member of their changed court group.

Civil Court Process

• Members named as defendants in a civil case should be served the initial summons and petition directly.
• The OGC is authorized to receive service only for the Board of Police Commissioners, Chief of Police, or members in covert assignments.
• If the OGC is contacted to receive service for a member, the requestor will be given the member's assignment, location, and shift.
• Members should be personally served to testify in court or at a deposition on any civil case involving the department or department members performing their official duties.

Contact Information/Telephone Listing

• Submit continuance requests to [email protected].
• In last-minute emergencies, notify the Municipal Court Prosecutor's Office at (816) 513-2700.
• Contact numbers for Criminal Revocation of Driver's License Hearing continuance requests for last-minute emergencies:
  • Cass County: (816) 380-8250
  • Clay County: (816) 407-3570
  • Jackson County: (816) 881-3555
  • Platte County: (816) 858-3483