Effective Date: | May 1, 2001 | Last Date Revised | October 20, 2020 |
Date Reviewed: | October 20, 2020 | Next Review Date: | October 20, 2021 |
The purpose of this order is to outline the policies regarding subpoenas and court appearances by Bureau personnel.
The Fraud & Cyber Crimes Bureau's subpoena process is as follows:
All subpoenas issued by the District Attorney will be distributed to and acknowledged by employees via the Sheriff's Data Network (SDN) mail system in accordance with Field Operations Directive 10-02 and appropriate Manual of Policy and Procedures sections.
Upon receiving an e-Subpoena, employees shall immediately open and acknowledge receipt of the electronic subpoena by clicking the appropriate ACKNOWLEDGE hyperlink.
Subpoenas not issued by the DA's office (i.e., Public Defender, another Judicial Agency, or Administrative Office) shall continue to be served via personal service of a paper original.
Personnel shall respond to a must appear subpoena or seek permission to be placed on call through the District Attorney's Office. Deputies placed on call shall be available to receive telephone calls and maintain a response time of one hour or less.
Courtroom demeanor, including the quality of testimony given and the professional relationships developed with court officials, the District Attorney's Office, and others, has long been a priority of this Bureau. Courtroom demeanor, and the manner in which testimony is presented in court, are a subject which is taught to investigators during their initial indoctrination training.
Departmentally produced video training tapes concerning courtroom testimony are used to impart this instruction. It is necessary to maintain courtroom demeanor discipline as part of our professional appearance and standards.
Personnel appearing in court are required to wear appropriate business attire or a Class A uniform, per Manual of Policy and Procedures section, 3-01/050.80, Grooming and Dress Standards and 3-01/050.95, Court
Cases.
Fraud & Cyber Crimes Bureau personnel will be trained as to the Department's court appearance policy as outlined in Section 5-07/250.00, Criminal Subpoena and Court Appearances.
Periodically, each Bureau sergeant will monitor the courtroom testimony of at least one of his or her investigators. This monitoring shall be documented in a memorandum to the Team Lieutenant. Lieutenants shall ensure that the results of these reviews are included in the investigator's evaluation.
All personnel shall adhere to the Department's goal of reducing court overtime to that which is essential to the successful prosecution of the criminal case. Personnel shall attempt to be placed on call when possible.
As a general rule, due to the flexible scheduling in place at the Fraud & Cyber Crimes Bureau, it is unlikely that any overtime will be generated as a result of court appearances.
However, if overtime should be incurred, a copy of the court time stamped subpoena must be attached to the overtime slip.