Des Plaines Police Department Policy: Subpoenas and Court Appearances PDF

Policy Des Plaines Police Department 325 Des Plaines PD Policy Manual Subpoenas and Court Appearances 325.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the Des Plaines Police Department to cover any related work absences and...

Policy Des Plaines Police Department 325 Des Plaines PD Policy Manual Subpoenas and Court Appearances 325.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the Des Plaines Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 325.1.1 COURT APPEARANCE REQUIREMENTS Attendance at a court or quasi-judicial hearing as a result of making an arrest, appearing as a witness, or responding to a subpoena is an official duty assignment. Permission to omit this duty must be obtained from the prosecuting attorney handling the case or as otherwise noted in section 324.1.2. Officers may be further required to appear on dates other than those assigned, due to continuances granted by the court. A subpoena is required for all off-key misdemeanor and felony calls. This must be attached to the officer's court sheet. Off-key city ordinance and traffic call appearances require approval of the Court Liaison. A subpoena which calls for records and/or photos in addition to your appearance in civil or criminal court shall be forwarded to the Records Section Manager. Officers must sign in with the Court Liaison upon arriving in court. Each officer attending court must completely fill out a court sheet and turn it in to the Court Liaison before leaving. Officers must list dispositions of all misdemeanor and felony cases on the court sheet. Court sheets for city ordinance and traffic cases need to list only the number of cases. 325.1.2 COURT APPEARANCES NOT REQUIRED A court appearance is not required when an officer has no court cases scheduled for his assigned court key date. Compensation requests will not be approved for officers who appear in court on days when they have no cases. It is the officer's responsibility to check the court docket copy to determine if he/she is required to be in court on his/her assigned key date. These dockets will be located in the basement next to the property room. Officers unable to appear in court due to injury, illness, other court appearances, furlough, assigned schools or family emergencies may have their court appearances excused through proper notification to the Court Liaison or Watch Commander. If you have advance notice that you will not be able to attend court, this notification will be made by to-from forwarded to the Court Liaison or your Watch Commander in a timely manner. Any officer calling in sick for court on the morning of court will notify the day shift Watch Commander at least one hour before the scheduled court time, who will then contact and advise the Court Liaison of the absence. It is important that the Court Liaison be advised of the reason for the absence so the judge can be told the reason the officer is not in court. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Subpoenas and Court Appearances - 1 Des Plaines Police Department Des Plaines PD Policy Manual Subpoenas and Court Appearances Absence from court will not be authorized for accumulated days off. The only exception to this would be a vacation day that was designated a vacation day on the original schedule posted and in effect at the deadline for that month's schedule. Exceptions to this can only be made by the employee's Division Deputy Chief or the Chief of Police, and then only in cases of dire hardship. Upon approval of such an exception, the employee's Division Deputy Chief shall notify the Court Liaison. 325.2 POLICY Des Plaines Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances. 325.3 SUBPOENAS Only department members authorized to receive a subpoena on behalf of this department or any of its members may do so. 325.3.1 CIVIL SUBPOENA The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by any current collective bargaining agreement or City personnel rules. The Department should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member. 325.3.2 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off-duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 325.3.3 SPECIAL NOTIFICATION REQUIREMENTS Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of or at the request of any party other than the City Attorney or the prosecutor shall notify his/her immediate supervisor without delay regarding: (a) Any civil case where the City or one of its members, as a result of his/her official capacity, is a party. (b) Any civil case where any other city, county, state or federal unit of government or a member of any such unit of government, as a result of his/her official capacity, is a party. (c) Any criminal proceeding where the member is called to testify or provide information on behalf of the defense. (d) Any civil action stemming from the member’s on-duty activity or because of his/her association with the Des Plaines Police Department. (e) Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the Des Plaines Police Department. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Subpoenas and Court Appearances - 2 Des Plaines Police Department Des Plaines PD Policy Manual Subpoenas and Court Appearances The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as may be indicated by the case. The Chief of Police should determine if additional legal support is necessary. No member shall be retaliated against for testifying in any matter. 325.4 FAILURE TO APPEAR Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 325.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If a member on standby changes his/her location during the day, the member shall notify the designated department member of how he/she can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena. 325.6 COURTROOM PROTOCOL When appearing in court, members shall: (a) Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear. (b) Dress in the department uniform or business casual attire. (c) Observe all rules of the court in which they are appearing and remain alert to changes in the assigned courtroom where their matter is to be heard. 325.6.1 TESTIMONY Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and become familiar with the content in order to be prepared for court. 325.7 OVERTIME APPEARANCES When a member appears in court on his/her off-duty time, he/she will be compensated in accordance with any current collective bargaining agreement or City personnel rules. 325.8 VIRTUAL APPEARANCE Officers may attend court virtually over Zoom if feasible. Any officer who attends court via Zoom, must do the following: a Notify the court liaison officer by way of an email, or other electronic communication, prior to the court date they are planning to attend virtually. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Subpoenas and Court Appearances - 3 Des Plaines Police Department Des Plaines PD Policy Manual Subpoenas and Court Appearances b. At the time of court, officers must check in with the court liaison officer via text message and on the Zoom Court Chat. Upon signing in officers must identify themselves as Des Plaines police officers. c. If you cannot attend, you must notify the court liaison officer immediately. Officers are not required to retrieve original arrest jackets. Officers will email the court liaison officer with the report number of the arrest, to which, the court liaison officer will provide the officer with the contents of the arrest jacket via email. This request must be made a minimum of three days prior to the day of court. Officers adhere to section 324.6 when appearing virtually. Additionally, officers will Zoom for a neutral site and the background must be blurred or neutral. Officers must ensure that nothing in the background is political, sexual, or suggestive in nature, Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Subpoenas and Court Appearances - 4