Number 08-02
Effective February 6, 2008
VIOLATIONS OF THE SUPERIOR COURT’S
GENERAL ORDER
PURPOSE
This Directive provides Court Services personnel with procedures to follow when
confronted with violations of the Superior Court’s General Order. Although not every
situation can be anticipated, this Directive will provide guidance when dealing with
difficult and perplexed issues.
BACKGROUND
The Superior Court of the State of California issued a General Order that describes
prohibitive activity within 100 feet of any doorway to all courthouses. The original
General Order, dated November 15, 2005, was conclusively upheld by a United States
District Court and is a valid order.
In an effort to keep the General Order current, whenever there is a new Presiding
Judge, the existing General Order will be re-signed. However, the General Order
remains valid and enforceable until a new order replaces it. See attached document.
ORDER
Compliance will be the main objective of the General Order. All Branch Supervisors
shall have a working relationship with their Site Judge. This will ensure cohesiveness
and a mutual understanding of the objectives at the time of enforcement. Each Branch
Supervisor shall discuss the General Order with the Site Judge and convey Court
Services Division’s procedures for addressing violations of the General Order. It is
imperative that the Site Judge understands the following procedures and is aware of the
requests that will be made by members of this Department.
CSD DIRECTIVE 08-02 FEBRUARY 6, 2008
Page 2 of 4
POLICY
When a violation of the General Order is occurring and observed by any Sheriff’s
personnel, the Branch Supervisor shall be immediately notified. The Branch Supervisor
shall respond to the location to observe the activity and to confirm that a violation of the
General Order is in fact occurring. The Branch Supervisor shall advise the Area
Lieutenant of the circumstances. The Area Lieutenant shall monitor the situation and
notify the Unit Commander.
At the direction of the Unit Commander, the Branch Supervisor or designee shall make
contact with the person(s) violating the General Order. The Branch Supervisor shall
advise the involved person(s) that they are in violation of the General Order, and that
they must comply with the requirements of the General Order. Additionally, the Branch
Supervisor shall provide the person(s) with a copy of the General Order and request
compliance.
NOTE: THE EMPHASIS OF THIS DIRECTIVE IS TO GAIN COMPLIANCE WITH THE
GENERAL ORDER.
If the Branch Supervisor gains compliance, he or she shall advise the Area
Lieutenant of the results of their contact. The Area Lieutenant shall advise the Unit
Commander, who will determine if notice to the Site Judge is warranted.
The Branch Supervisor shall complete an entry into the Branch Automated Information
Management (AIM) report, documenting the incident.
If the person(s) refuses to comply with the request of the Branch Supervisor, the
Branch Supervisor shall contact the Area Lieutenant, who will advise the Unit
Commander. The Area Lieutenant, Unit Commander, or another Lieutenant from within
Court Services Division shall respond to the courthouse and assume command of the
situation.
The Lieutenant shall initiate contact with the person(s) and a video recording of the
contact shall be made to document the violation. During this contact, the Lieutenant
shall once again solicit compliance with the General Order, the Lieutenant will also
reiterate the Civil Code violation to the person(s) committing the violation, and clearly
convey to the person(s) that there is a potential for arrest, and/or Court imposed
sanctions of up to $1,500, if they continue to violate the General Order.
If the person(s) now complies and ceases violating the General Order, the
Lieutenant shall notify the Unit Commander, an entry into the Branch’s AIM report shall
be made, a Chief’s Memo shall be written to document the incident, the video tape shall
be placed in the Branch’s safe, preserved for one year, and a reference number will be
assigned.
If the person(s) again refuses to comply with the General Order, the Lieutenant
shall advise the Unit Commander that all possible efforts have been made to gain
compliance with the General Order. The Unit Commander shall notify the Area
Commander, who will advise the Chief of the situation.
CSD DIRECTIVE 08-02 FEBRUARY 6, 2008
Page 3 of 4
At the direction of the Unit Commander, after consultation and concurrence with an
Area Commander or the Chief, the onsite Lieutenant shall contact the Superior Court
Director of Security at work (213) 893-1052, Cell (310) 480-8727or the Los Angeles
Superior Court Counsel at work, (213) 893-1224; Cell, (213) 200-3533, and advise them
of the situation.
At this point, the Site Judge shall be advised of the situation and no further action shall
be taken until the Superior Court representative arrives on scene.
NOTE: The decision to delay any further action shall not preclude any
member of this Department from taking the appropriate steps if a
criminal offense occurs. The purpose of the Superior Court
representative responding to the courthouse is to assist with any
and all legal documents to address the civil violation of the General
Order.
The Lieutenant shall immediately notify the Unit Commander that a Superior Court
representative has been notified and they are responding to the situation.
A Court Services Division Representative (of the rank of Unit Commander or above)
shall respond to the location, and consult with the Superior Court representative to
assess the situation and discuss all of the available options. The Superior Court
Representative will assist with all legal requirements to address the violation of the
General Order.
If the Superior Court representative obtains a court order for the detention of the
person(s) in violation of the General Order, the Lieutenant shall make contact with
the involved person(s), the person(s) shall be advised that they have been ordered into
court because of the described General Order violations.
If the person(s) complies with the court order, the person shall be escorted to the
Site Judge, and the Site Judge will render a decision regarding the violation of the
General Order.
If the Site Judge decides to admonish the person(s) regarding the General Order and
the person(s) is released, an Incident Report (sh-ad 49) is required to document the
incident. The classification for the report is, “Civil Contempt of Court - 1209 (a) Code of
Civil Procedures” and the stat code is 441 - Special Investigations.
If the person is remanded to the custody of the Sheriff’s Department for a violation of
the General Order, personnel shall follow the procedures as outlined in Court Services
Directive 06-04, Procedures for Handling Temporary Remands. An Incident Report
(sh-ad 49) is required. The classification for such a report is, “Civil Contempt of Court -
1209 (a) Code of Civil Procedures” and the stat code is 441 - Special Investigations.
NOTE: A VIOLATION OF THE GENERAL ORDER IS CONSIDERED A CIVIL
REMAND, THIS IS NOT A CRIMINAL OFFENSE. A SPECIAL HANDLE
DESIGNATION FORM SHALL BE PROCESSED.
CSD DIRECTIVE 08-02 FEBRUARY 6, 2008
Page 4 of 4
If the person(s) continues to violate the General Order by refusing to comply with
the court order which orders them into court, the person(s) is now in contempt of a court
order (violation 166 (a) 5 P.C.) and may be arrested. This violation is specifically
related to the court order obtained by the Superior Court representative, not the General
Order, ordering our Department personnel to bring the person(s) in violation of the
General Order to the courtroom. This is a separate violation from the General Order.
If this occurs, no matter what decision the Site Judge renders regarding the General
Order, the person(s) shall be taken into custody for contempt of a court order, all
booking requirements as outlined in Court Services Directives 06-03 Misdemeanor
Acceptance and Release Criteria for Court Lockups and 04-11 Live Scan of Remand
Bookings shall be followed.
UNIT COMMANDER’S RESPONSIBILITY
It is the Unit Commanders’ responsibility to assign a Lieutenant to manage this incident
at the Branch level. It is imperative that all Branch Supervisors and Area Lieutenants
are familiar with the General Order and this Directive.
It is the Unit Commanders’ responsibility to assure that all Branch Supervisors and Area
Lieutenants have discussed the General Order with their Site Judge and ensure they
are familiar with the Sheriff’s Department protocols for dealing with a violation of the
General Order.
AFFECTED DIRECTIVES/PUBLICATIONS
Manual of Policy and Procedures, Section 3-01/025.00 (Use of Force) - Provides
additional guidance defining “Duties”.
Manual of Policy and Procedures, Section 5-09/430.00 - Provides supplemental policy
defining levels of force reporting.
APPROVED: Original Signed
RICHARD J. BARRANTES, CHIEF
COURT SERVICES DIVISION
SUPERIOR COURT OF THE STATE OF CALIFORNIA JAN 2 3 2009
GENERAL ORDER
NOTICE TO ALL PERSONS ENTERING COURTHOUSES IN LOS ANGELES
To ensure the safe and orderly use of court facilities, and to minimize activities which unreasonably disrupt, interrupt, and interfere with
the fair and orderly conduct of trials, and the orderly and peaceable conduct of the court business in a neutral forum free of actual or
perceived partiality, and to facilitate safe, peaceful and orderly public access to courthouses unhindered by threats, confrontation, noise
pollution or harassment, the Court hereby orders:
I. Demonstrations, Distributions and Solicitation
A. The following definitions apply to this Section.
1. "Prohibited Activity" shall mean demonstrating, picketing, distributing literature or other materials to the
general public, soliciting sales or donations, or engaging in oral protest, education or counseling.
2. "Walkway" shall mean: (1) the area of any paved corridor or sidewalk, or other path of pedestrian
movement, directly from (a) the edge of the public sidewalk nearest an entrance to any building, or part of
a building, containing a courtroom to (b) that entrance; (2) the area of any paved corridor or sidewalk
leading directly from (a) any parking lot located in a Curtilage to (b) an entrance to any building, or part of
a building, containing a courtroom; or (3) a corridor within a multi-purpose building that leads directly to
the part of the building containing a courtroom.
3. "Curtilage" shall mean the area between any building containing a courtroom and the edge of the public
sidewalk surrounding the building. It shall not include the area adjacent to or near that portion of a multipurpose
building that is not used for court-related facilities.
B. Prohibitions
1. No person (other than authorized court personnel or peace officers in the performance of their official
duties) shall engage in any Prohibited Activity within a courthouse, or within that portion of any other
building containing courtrooms and/or court-related offices.
2. No person (other than authorized court personnel or peace officers in the performance of their official
duties) shall obstruct or unreasonably interfere with individuals entering or leaving a courthouse or the
portion of any other building containing courtrooms and/or court-related offices, or with any line of
individuals waiting to enter a courthouse or pass through an entrance to any building, or part of a building,
containing a courtroom and/or other court-related offices.
3. No person (other than authorized court personnel or peace officers in the performance of their official
duties) shall engage in any Prohibited Activity within 15 feet from either side of, or 15 feet in front of, a
doorway to any building, or part of a building, containing a courtroom.
4. No person (other than authorized court personnel or peace officers in the performance of their official
duties) shall engage in any Prohibited Activity on, or within 15 feet from any edge of, a Walkway.
5. No person (other than authorized court personnel or peace officers in the performance of their official
duties) shall, within 100 feet of any doorway to any courthouse, or the portion of any other building
containing a courtroom, knowingly approach another person, within eight feet of such person, unless such
other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging
in oral protest, education or counseling with such other person.
6. No person (other than authorized court personnel or peace officers in the performance of their official
duties) shall engage in any Prohibited Activity on the Curtilage.
7. No amplification equipment shall be permitted within the Curtilage, or within 25 feet of a Walkway or a
doorway to any building, or part of a building, containing a courtroom.
C. Exclusions
1. Parts I(B)(l), (3), (4) and (6) shall not apply to individuals engaged in the stationary solicitation of sales
as part of any commercial, primarily non-expressive activity (including the sale of newspapers or reading
items in conjunction with the sale of non-speech-related items such as candy or snacks or other food) that
is affirmatively authorized by a written space permit, license, or lease from the County of Los Angeles or
other owner of a building containing one or more courtrooms authorizing that activity in a specific space
not dedicated to court functions.
2. Only Parts I(B)(2) and (5) shall apply to individuals located on a public sidewalk. Accordingly, nothing
in this General Order proscribes any Prohibited Activity if both ofthe following conditions are met: (a) the
activity occurs on a public sidewalk and not on the Curtilage; and (b) the activity occurs more than 100 feet
from (i) any doorway or entrance to any courthouse or (ii) any doorway or entrance to the portion of any
other building containing a courtroom.
D. Severability Clause
1. If any provision of this General Order or the application thereof to any person or circumstances is held
invalid, the validity of the remainder ofthe Order and of the application of such provision to other persons
and circumstances shall not be affected thereby.
11. Restrictions on weapons
A. All persons are prohibited from entering a Los Angeles County courthouse with a firearm or deadly or dangerous
weapon unless they are state or Federal law enforcement officers on official business, or persons lawfully entitled to
cany such a weapon who have the written consent from the Presiding Judge or the Supervising Judge of the affected
courthouse to bring such weapon into the courthouse.
B. Under no circumstances shall any peace officer bring a firearm or deadly or dangerous weapon into a Los Angeles
County courthouse if the peace officer is entering the courthouse as party litigant in a private action unless written
permission to do so has first been obtained from the Presiding Judge or the Supervising Judge of the affected
courthouse to bring such weapon into the courthouse.
C. Upon entering any courtroom or court office, all persons in the possession of a firearm or deadly or dangerous weapon,
including armed peace officers, must immediately identify themselves to the courtroom bailiff, court liaison, or court
clerk, and indicate they are carrying a weapon and the purpose for their visit.
111. Compliance with law enforcement directions. While on or in the premises of any courthouse in Los Angeles County, all
persons are ordered to comply with the lawful requests, directions, and orders of Sheriff Deputies and their agents in the
performance of their duties.
IV. Posting and Service of Order. This Order shall be posted at each entrance to every courthouse in Los Angeles County, at each
elevator entrance or at such other places as will reasonably apprize all persons entering such courthouses of its provisions. The
Sheriff of Los Angeles County and his deputies and their agents are directed to serve a copy of this Order personally on any
person who appears to be in violation thereof, advise such person of the apparent violation, and, if the apparent violation
continues after such notice, and the matter cannot otherwise be resolved, to notify the Court's Director of Security, Court
Counsel, or Site Judge, as may be available in that order, to determine if proceedings should be initiated to seek monetary
sanctions, imprisonment or other relief with regard to the violation. This order shall not preclude any peace officer from taking
appropriate steps if an criminal offense occurs or exigent circumstances warrant immediate action..
V. Penalties. Violation of this Order may result in the imposition of sanctions in amounts of up to $1,500 per violation pursuant
to Code of Civil Procedure section 177.5 andlor prosecution for criminal viola
GOOD CAUSE APPEARING THEREFOR,
IT IS SO ORDERED, on January 23,2009.
CHARLES W. MCCOY JR., Presiding Judge