Court Management

The following directive has been prepared in a category format for ease of comprehension.

I.     ACCOUNTABILITY

Court Services Sergeant

The Detective Bureau Sergeant has the collateral responsibility for managing the station’s court operations.  He/she will actively monitor and audit all aspects of court procedures, including appearances, overtime expenditures, and personnel complaints.  The Detective Bureau Sergeant has the full time responsibility for supervising station personnel involved in court operations, including compliance with all Department and unit policies. He/she will maintain a liaison with the local court officials, the District

Attorney’s Office, and station personnel.  He/she will be responsible for ensuring accuracy, completeness, and appropriate documentation of all court related overtime expenditures. He/she will work in conjunction with the District Attorney’s office to

insure that the appropriate personnel are subpoenaed to court.  He/she will conduct immediate supervisory inquiries regarding personnel who arrive late for court, personnel who fail to obey lawful orders (subpoenas) to appear in court, and any court related personnel complaints.  He/she shall periodically observe Deputies/employees during courtroom testimony and, if necessary, provide any counseling and training for improvement.  The Detective Sergeant shall be the direct supervisor of the Station Court Deputy. The Detective Sergeant shall review the subpoena register or  the computerized subpoena e-mail system each court day and will cause all personnel who did not initial or acknowledge the e-mail, re: receipt of a subpoena for that date, to be telephoned at an appropriate hour and informed of their required court appearance. 

Station Court Services Officer or Court Deputy

The Station Court Services Officer/Court Deputy may be sworn, or non-sworn, and shall be responsible for subpoena control, assisting with the coordination of employee witnesses needed in court, and assisting the Detective  Sergeant.  Subpoenas may be received daily from the Detective Sergeant, from other Sheriff’s facilities, personally delivered to the station, or received through the mail.  The Court Services Officer/Court Deputy shall record and track all subpoenas and court documents relating to Marina Del Rey Station field operations, including Subpoena Duces Tecum requests. He/she will also be responsible for maintaining telephone coordination each court day with the District Attorney’s Office’s Witness Coordinator and for completing the “on-call” court overtime slips.

Patrol Sergeants

Patrol Sergeants shall review the content of all arrest reports to ensure that only Deputies essential for case prosecution are written into the report.

Supervisors shall ensure that, where possible, in routine misdemeanor arrests situations, the arresting officer has conducted or witnessed the searches, tests or interviews, so that only he/she need be subpoenaed to testify in court (MPP 3‑02/290.10). 

The last paragraph of a report should state the name of the Deputy who can testify to all the facts (MPP 3‑02/290.10).

II.   UNIT SUBPOENA PROCEDURES

Subpoenas received less than five working days prior to the appearance date will only be accepted when it is certain that the employee will be available for timely service (1328 P.C.).  Every effort will be made to ensure the Deputy’s/employee’s appearance in court.  If the employee was not served, the Court Services Officer or Detective Sergeant shall notify the court that timely service was not made and the subpoena shall be returned to the issuing court.

Upon receiving a subpoena, the Court Service Officer/Court Deputy shall:

·          Enter all subpoenas on the Daily Court List via the subpoena E-mail system.

·          Check the employee’s schedule to ensure there will be no conflict with service or attendance.  Note: “Be in court” subpoenas will normally take precedence over other activities, with the exception of pre-approved vacations.  The Court Services Officer or Court Services Sergeant  will notify the court of any conflict.

·          Place the subpoenas in the appropriate shift’s, or specialized unit’s subpoena folder or box, e.g., Detectives,  COPs.  Mail and/or E-mail subpoenas to personnel no longer assigned to Marina Del Rey station.

·          Upon receipt of changes, record/update subpoena information and advise the employee.

·          Each court day, the subpoenaed Deputy shall contact Witness Coordinators (beginning at 1100 hours) to determine the status of  “on-call” personnel.

·          Notify any personnel no longer on-call and all personnel who will continue to be “on-call” for the afternoon court session.

·          Maintain a “telephone log,” noting the date/time,  names of parties contacted, the names of the defendants, and results of conversations to and from the District Attorney’s Office.  The log shall indicate any verbal notifications made to the subpoenaed employee.  The logged information shall be maintained as a reference to evaluate any nonappearance by unit personnel.

Deputies/employees shall:

·          Acknowledge and print the E-mailed Subpoena and use it as the actual Subpoena if none is issued.

·          Appear as ordered, on time, and properly attired.  If granted “on-call” status, ensure that all appropriate on-call procedures are followed.

·          Be thoroughly familiar with the case and be prepared to testify.

Emergencies:

In the event an emergency arises which conflicts with a court appearance, the subpoenaed employee shall contact the District Attorney’s Office prior to the case being called and provide information requiring the absence or delay.  The employee shall then inform the Court Services Sergeant, explain the emergency, and provide the name of the person notified in the District Attorney’s Office, the case number, and the defendant’s name.

Subpoenas served by other units:

Occasionally personnel from other Departmental units (i.e., Homicide, Child abuse, etc.) personally serve subpoenas on Marina Del Rey Station personnel.  In those instances it is incumbent upon the served employee to immediately notify the Court Services Officer of the subpoena so that the appropriate court list can be updated.    

Failure To Appear:

Deputies/employees who fail to appear in court and have not been excused by the District Attorney’s Office will be listed on a “no-show log” maintained by the D.A.’s Office.  When necessary, the District Attorney’s Office will notify the Detective Sergeant of any developing patterns of  “no-shows.”  The Detective Sergeant will investigate all complaints from the District Attorney’s Office.  The results of this inquiry will be reported to the Supervising Deputy District Attorney and to the Marina Del Rey Station Unit Commander.  Employees failing to appear in court are subject to disciplinary proceedings and may be subject to contempt of court proceedings.

Court Listings:

Marina Del Rey Station personnel respond to subpoenas from several courts, some of which are listed below:

Culver Municipal Court                                 

4130 Culver Blvd.

Culver City, Calif. 90230

Inglewood Municipal Court

One Regent St.

Santa Monica Superior Court

1725 Main St.

Santa Monica, Calif 90401

Los Padrinos Juvenile Court                          

7281 E. Quill Dr.                                           

Downey, Calif. 90242

LAX Court

11701 South Lacienega Blvd.

Los Angeles, California 90045

III.       EVIDENCE (PICKUP, DELIVERY, AND RETURN)

When ordered by the Court or the District Attorney’s Office to bring evidence to court in connection with a case on which the employee is appearing, the following procedures shall be followed:

Evidence (including narcotics smoking pipes, scales, etc.) can be picked up from the station’s Property Custodian.  The Property Custodian is available from 0600-1400, Monday - Friday.  If the court does not keep the evidence, the Deputy shall return it to the Property Custodian the same day.  Unless relieved of the evidence, employees shall keep evidence in their immediate possession to maintain chain of custody.  Under no circumstances, shall a Deputy/employee keep evidence in his/her possession overnight or longer than necessary to transport to or from court.  If returned after normal business hours, evidence, with appropriate forms attached, can be secured in the “inside” evidence locker, (weapons in the weapons locker, narcotics in the secured narcotics receptacle, and other miscellaneous evidence items on the shelves).

Evidence held at the station for over 90-days is generally transferred to Central Property.  If it is necessary to order evidence held at Central Property, it shall be ordered via the station’s Property Custodian. The property will be forwarded to Marina Station a minimum of five-days prior to the court date.  It is the responsibility of the original Deputy who booked the evidence (or the subpoenaed patrol Deputy if the Deputy who booked the evidence is not subpoenaed) to ascertain the availability of evidence on cases that are nearing the 90^th day and, if necessary, to notify the station’s Property Custodian of the need to have evidence ordered from Central Property.

Employees picking up evidence at the station shall have the Watch Sergeant sign the face of their subpoena indicating that evidence was picked up and the time of pick-up.  When more than one Deputy is subpoenaed for a case, only one may be compensated for evidence pick-up.

Evidence in narcotics cases such as pipes, scales, pagers, etc. are maintained by the station’s Property Custodian.  Photographs of narcotics are maintained by the Station Narcotics Crew.  Photographs of narcotics evidence can only be released by Narcotics Bureau personnel, not the Property Custodian.  It is the responsibility of the subpoenaed Deputy/employee to obtain a photograph of the narcotics evidence prior to the day of court.  This can be done by contacting a member of the station Narcotics crew by phone, memo, or e-mail and advising them of the need for the photograph, then following the instructions given.  If not held by the court, photographs need not be immediately returned to the narcotics office.  They may be retained by the employee until their next work day, then returned

IV.       IN-COURT OVERTIME PROCEDURES

Deputies/employees appearing in court during non-working hours will be paid overtime in accordance with Department Policy and existing M.O.U.’s.  When submitting for court related overtime there are specific expectations and requirements of the Deputy/employee.

Overtime Payment:

Deputy personnel are eligible for a minimum of three hours, plus the actual time spent in court which exceeds two hours.  Travel time and time spent picking up evidence is now included in the three-hour minimum.  Note: Travel and Evidence Time handling is no longer considered.  Also, overtime shall be earned credited and paid in fifteen (15) minute increments and no overtime shall be allowed for a period of less than fifteen (15) minutes.

Must Appear Subpoenas (Employee’s Responsibility)

Culver Court: Sign-in on the Court Log and time stamp the back of the first page of the subpoena or e-mail in the Sheriff’s office.  Report directly to the Deputy District Attorney handling the case and check in.  Determine the status of your case and, if necessary, assist in locating other witnesses or provide other assistance as needed.

When excused from court, immediately sign-out on the Court Log and time stamp the back of the first page of your subpoena or e-mail again.  Include on the Court Log the case disposition, i.e., continued to (date), diversion, guilty, held to answer, etc.  If the case has been trailed, notify the Court Services Officer/Court Deputy  immediately.  If a new subpoena is to be issued, it is not necessary to make this notification.

Inglewood Court: Employees shall log in/out on the Court Log and time stamp the back of the first page of their subpoena or e-mail in the Sheriffs Office Sergeant’s office.  Report directly to the Deputy District Attorney handling the case and check in. Check the status of the case and assist as needed.

When excused from court, immediately sign-out on the Court Log and time stamp the back of the first page of your subpoena or e-mail again.   Include on the Court Log the case disposition (i.e., continued to (date), diversion, guilty, held to answer, etc.)  If the case has been trailed, notify the Court Services Officer/ court Deputy.  If a new subpoena is to be issued, it is not necessary to make this notification. 

Other Courts:

The same general procedures as described above apply.  Virtually all courthouses have a time stamp.  However, on the occasion that no time stamp is available, request the Deputy District Attorney or an officer of the court to attest to your arrival and departure time by writing the information on your subpoena and by writing and signing their name.

If a copy of your subpoena or e-mail is not available, or your summons was via telephone, provide the information on a blank subpoena form.  A supply of blank subpoena forms is maintained at both local court adjacent to the Court Log sign-in sheet.  Submit that form with your overtime slip.  Include all pertinent information, i.e., case number, file number, DDA’s name, defendant’s name, etc.

V.        ON-CALL COURT STATUS

When an employee receives an “on-call’ subpoena, the Court Services Officer/Court Deputy will record it on the daily subpoena list.  

If an employee desires to have his/her status changed from “Be in Court” to “On-call,” the employee must contact and receive permission from the appropriate Deputy District Attorney/Public Defender personally.  The Court Services Officer/Court Deputy is not responsible for amending a subpoena’s status to “on-call.”  Once permission is granted, the employee shall contact the Court Services Officer/Court Deputy and provide the following information:

·          Court case number

·          Defendant’s name

·          Court Department or Division

·          DDA or DPD authorizing on-call status

·          Starting time

·          Telephone number or pager number for immediate contact with an estimated ETA to court (no more than one (1) hour).

Personnel who are assigned to day shift on their subpoenaed court date shall notify the Court Services Officer and shall remain in the field or readily available on an “on call” basis.  The Court Services Officer will notify the employee when to respond to court.  When notified, the employee shall respond to court without delay and the Detective Sergeant shall be notified.  The Court Services Officer/Court Deputy shall coordinate this process and will maintain periodic contact with the concerned Deputy District Attorney or witness coordinator.

If an employee’s case is continued as “on-call” for the following court day, the employee shall notify the Court Services Officer/Court Deputy and provide relevant information, including the name of the authorizing Deputy District Attorney.

In those instances when an “on-call” subpoena is not for a fixed period of time (i.e., 10:30 - 12:30) it is the employee’s responsibility to inform the Court Services Officer/Court Deputy  if he/she wants to be notified of the termination of  “on call” status for the court day.  If the employee desires to be contacted and has not been informed by 1200 hours, the employee shall contact the Court Services Officer/Court Deputy to ascertain on-call status.  If the employee learns of a change of on-call status from the court, the employee shall inform the Court Services Officer/Court Deputy.

The Court Services Officer/Court Deputy will prepare “on call” overtime slips and forward them to the employee who shall review, sign, and submit the form to the Detective Sergeant for approval.

Failure to Respond to an “On-Call” Summons

An “on-call” status for court is equally as important as a “be in court” subpoena.

If notified to respond to court in answer to an “on call” subpoena, personnel shall respond immediately, unless exigent circumstances exist and proper notifications have been made with the court.  If for any reason an employee is not capable of responding to an “on-call” summons, the Court Services Sergeant or the Watch Sergeant shall be notified immediately and the appropriate Deputy District Attorney shall be contacted.  Personnel who fail to respond to an “on call” subpoena or court summons may be subjected to disciplinary action and contempt of court proceedings.

Personnel “on-call” for one case and appearing on another, or “on-call” for multiple courts, must notify the Court Services Officer so all cases can be monitored.

Continuances:

Personnel verbally ordered to return to court on another date by a judge (no subpoena issued), shall notify the Court Services Officer as soon a possible so the new court date can be recorded in the appropriate court list.  A continuance carries the same weight as a subpoena.

Personnel concerned in cases before the courts shall be punctual in attendance.  They shall dress either in full uniform, including Sam Browne, or in civilian clothes of good taste and businesslike appearance.  When in civilian dress, a coat and tie shall always be worn.  Sports shirts shall not be worn.  Employees shall properly prepare cases in which they are concerned.  They shall suitably arrange for presentation to the court all property which is to be used as evidence (MPP 3-01/050.95).

Personnel shall not chew gum while giving testimony.  They shall speak calmly and explicitly in a clear, distinct and audible tone so as to be easily heard by court and jury. They shall testify with the strictest accuracy, confining themselves to the case before the court.  They shall neither suppress nor overstate the slightest circumstance with a view toward favoring or discrediting any person (MPP 3-01/050.95).

Except for those Deputies who are in uniform and on-duty, marked patrol cars shall not be taken to court.  Any exception to this must have to express authorization of the on-duty Watch Sergeant.  Upon such authorization, personnel will complete the “Vehicle Check-out Form” located in the Watch Sergeant’s Office prior to leaving the station and immediately upon return.  They shall also complete and submit a Driver’s Tour of Duty - Vehicle Inspection Sheet, prior to use.  Watch Sergeants are to closely scrutinize requests to take patrol vehicles to court and shall only authorize such use under the most compelling circumstances.

VII.     OVERTIME WORKED REPORT (SH-R-251)

All employees claiming overtime for court appearances must complete the “Overtime Worked Report” (SH-R-251), attach their time stamped subpoena, and submit it to the Court Services Sergeant for approval and signature.  The specially designed Court Overtime Worked Report (SH-R-251) shall be used.  Overtime slips shall be submitted as soon as is practical.  Overtime slips shall not be held for any period of time in order to orchestrate payment during a specific pay period.

All subpoenas requiring a response to the court on overtime, shall be time stamped “in” and “out” on the back of the first page of the subpoena.  If the “time in” stamp is prior to the ordered reporting time of the subpoena, the time ordered to appear will be recorded.   If the employee did not respond to court while on-duty, a maximum of one-hour travel time may be added.  If applicable, one-half hour may be added if evidence was picked-up prior to court and the subpoena has been signed by the Watch Sergeant.

If off-duty and ordered to respond to court from an “on call” subpoena, a minimum of two hours half-time compensation, including travel to court, will be granted to an employee who receives an on-call subpoena provided the on-call status is not cancelled prior to the date of the subpoena.  However, additional compensation will not be granted for “on-call” subpoenas which are issued for the same or overlapping time periods as “must appear” subpoenas.

VIII.    APPEARANCE BEFORE, OR QUESTIONING BY, ANY GRAND JURY, GOVERNMENTAL AGENCY, BOARD OR COMMITTEE

It is the employee’s responsibility to immediately notify the Unit Commander when ordered to appear before any Grand Jury or to offer any testimony before a governmental agency, board, or committee.  If a verbal request is made directly to the employee, the requestor shall be referred to the Unit Commander. Under no circumstances may an employee tape record testimony given before a Grand Jury.

Any employee who is contacted by any governmental agency conducting an investigation into possible civil rights violations, which could involve this Department or its members in any litigation or criminal charges, shall not submit to any questions or disclose any information until appropriate Departmental units are consulted and/or notified. Employee’s shall direct the representative of any inquiring agency to contact the Internal Affairs Bureau for interview arrangements.

IX.       ACCEPTANCE OF OTHER SUBPOENAS

Civil Subpoenas/Process:

Subpoenas involving civil litigation against Marina Station personnel or the Department shall only be accepted at the station by the Watch Commander or the  Watch Sergeant or by the Watch Deputy in their absence.  The accepted civil process shall be forwarded to the Operations Office.  Subpoenas or civil process for small claims actions or other civil actions, wherein the County of Los Angeles and the Sheriff’s Department is not party to the action, may also be accepted (substitute service) for a station employee by the Watch Commander, Watch Sergeant, or Watch Deputy.  This process shall be forwarded to the appropriate employee.

Lawsuits or claims naming the Department, Sheriff, Undersheriff, or Assistant Sheriffs shall only be accepted by the Civil Litigation Unit, Risk Management Bureau (4900 Eastern Avenue, Suite 102, Commerce, Ca.). 

Subpoena Duces Tecum (SDT) Criminal Cases: