PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 6.2

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 6.2 Issued Date: Effective Date: Updated Date: SUBJECT: COURT NOTICES AND SUBPOENAS INDEX SECTION TITLE PAGE NUMBER 1 Policy 1 2 Notification and Distribution Procedure 3 3 Reporting Procedures 10 4 Case Prep Court Notices, Subpoenas, 14 and IAB Notices to Appear 5 Elimination of Unnecessary Court 17 Appearances 6 Court Recall System 18 7 Simultaneous Appearances and Priority 19 of Courts 8 "Must be Tried" Cases/Notices 21 9 Police Board of Inquiry (PBI) Hearings Non-Police Related Court Appearances 23 APPENDIX A Absence/Lateness Excuse Codes/Definitions

2 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 6.2 Issued Date: Effective Date: Updated Date: SUBJECT: COURT NOTICES AND SUBPOENAS 1. POLICY A. Police personnel subpoenaed to appear in court must appear and be prepared to testify. Subpoenas (Court Notices) are court orders directing Police Department personnel to attend court. Therefore, subpoenaed personnel are obligated to attend court as ordered. The mere fact that personnel may be in sick or IOD status, attending training, or requesting a vacation/holiday day does not relieve them of their responsibility to appear in court when subpoenaed. Notices to attend court will take precedence over all other responsibilities on that date. Officers who fail to appear without making proper notification or following procedures outlined in this directive are subject to disciplinary action. NOTE: For the purposes of this directive, the terms "personnel" and "police personnel" shall refer to all sworn and civilian personnel subject to duty related court subpoenas. B. Personnel must also possess evidence, records, or other materials needed for presentation of the case. C. All subpoenas for personnel or evidence will be processed through the Court Attendance Office of the Court Liaison Unit. 1. Subpoenas received from the Philadelphia District Attorney's Office (DAO) will be processed in accordance with this directive. 2. Subpoenas received from agencies other than the Philadelphia DAO, including but not limited to U.S. Attorney, City Solicitor and private attorneys will be processed through the Private Attorney Subpoena Section of the Court Attendance Office at City Hall. 3. Any request from an out of state jurisdiction for an officer to appear to testify at a court proceeding will be referred to the Special Advisor to the Police Commissioner s Office at (215) xxx-xxxx. The Special Advisor to the Police Commissioner s Office will coordinate necessary arrangements. Court notices will not be generated unless approved by the Special Advisor to the Police Commissioner. DIRECTIVE 6.2-1

3 *5/*6 D. Police personnel will report on time to the Court Attendance Office at City Hall, Room 117. Police Department personnel will scan into the Court Attendance Tracking System (CATS) via the biometric finger scanner to electronically document the arrival and departure times of each employee at their respective court appearances. *5/*6 EXCEPTIONS: Personnel will report directly to the designated court locations for notices involving Traffic Court, Internal Affairs, and the Police Board of Inquiry. Refer to Section 3-A-3-a through h for instructions regarding mental health hearings. Refer to Section 3-B regarding outside jurisdiction court cases. 1. Police personnel must carry their police photo identification cards at all times. In the event of computer system problems, photo identification cards will be utilized to record officers arrival and departure times at court. If there is a system failure, *5 all officers will report on and off to court at City Hall, Room 117. E. Professional Conduct and Appearance during Court Appearances: 1. Personnel will appear and conduct themselves in a professional manner as to maintain the dignity of the Police Department. 2. Uniform of the day is required for all police personnel, regardless of their tour of duty, including scheduled days off. 3. Personnel in plainclothes and/or investigative positions, in sick/injured status, or in suspended status, will dress in neat and conservative civilian or business attire. Non-uniformed personnel will display their Police Department photo identification card on their outermost garment, chest high, when entering any court facility and while in the court room. NOTE: Attire such as jeans, sweatpants, sweatshirts, sneakers, flip-flops, sandals, T-shirts, short pants, or clothing with offensive/inappropriate pictures or writing is not permitted. If an officer is sent home for inappropriate attire, no OT will be earned. EXCEPTION: Officers whose identity must be protected due to highly sensitive assignments, including but not limited to, narcotics and vice, will only be required to display identification cards when called upon to testify while inside a courtroom. 4. Plainclothes and/or investigative positions are defined as: a. Detective Division personnel b. Civil Affairs personnel c. Office of Professional Responsibility personnel DIRECTIVE 6.2-2

4 d. Authorized undercover Narcotics Bureau personnel e. Any other unit as directed only by the Police Commissioner or their designee. 5. Districts/Units will forward an updated list of approved positions and personnel authorized to be in plainclothes to Court Attendance. F. Police personnel receiving a court notice and being compensated by the Police Department for the appearance will remain in the designated Court building until the conclusion of their case(s). Employees will not go home or leave the Court building to conduct personal business without the expressed authorization of a Court Attendance supervisor. In addition, the assigned ADA for any case(s) at which the employee is appearing will be notified by the employee of the absence prior to the employee's departure. Leaving the Court building is limited to personal/family emergencies only. G. When an employee is involved in any criminal or civil litigation, the employee will immediately submit to their Commanding Officer a memorandum which will explain the matter, detailing the employee's involvement, and also include opposing party information, attorney information, and docket/case numbers. The Commanding Officer will maintain this information in a district/unit tickler file and immediately forward a copy to the Deputy Commissioner, Office of Professional Responsibility. H. On Call statuses will only be permitted through prior written approval. Any Commander who believes their command should be permitted to be On Call will *5 submit justification through channels to the Deputy Commissioner, Organizational, Services, Strategy and Innovations. If an exception is granted, the approval will apply only to personnel working the day work tour of duty. I. Commanders will ensure subordinate supervisory personnel enter and track all appropriate court excuses by utilizing both the KTS1 and the KTNQ systems. Refer to Computer Training Bulletin 11-1 and NOTIFICATION AND DISTRIBUTION PROCEDURE A. Every district/unit in the Philadelphia Police Department will maintain a court notice book to record all court notices and cancellations received by that particular district/unit. The following information must be entered into the court notice book: 1. Date received, 2. Badge number of supervisor receiving notice, 3. Subpoenaed officer s name, payroll number and squad, 4. Notifying supervisor s initials and badge number, and 5. Method of notification, (e.g., in person, or phone). DIRECTIVE 6.2-3

5 a. Commanding Officers will maintain a file of all sent s to sworn personnel for court notifications. The Commanding Officer will ensure any personnel making the notifications by phone, utilize the District/Unit city extension numbers (683/685/686) ONLY. This is necessary for the Department to document that the notification took place. 6. Upon receipt of a court notice, court modification, or cancellation via the departmental computer system, the Operations Room Supervisor (ORS) will: a. Log every court notice received on their tour of duty into the district/unit court notice book and include the following information: 1) Date received, 2) Their badge number as the receiving supervisor, 3) Subpoenaed officer s name, payroll number and squad, and 4) Method of notification (e.g., in person, or phone). b. Ensure the supervisor of each subpoenaed officer, regardless of squad assignment, receives their respective court notice. c. Promptly notify the officer (including officers in sick, IOD, and suspended status) by telephone, or in person. 1) The ORS will utilize the designated address or telephone number that was provided by the officer for the court notice recall register. The ORS will notify all officers in accordance with the current existing procedures outlined in this Directive. 2) The ORS will retain a copy of any message showing the date/time it was sent. All telephone notifications will be conducted on the city extensions (private lines will not be used.) Notifications may be done 24 hours a day, 7 days a week. However, any notice sent after 10:30 p.m. but before 6:00 a.m. the following morning shall be deemed as being received at 6:00 a.m. of that morning. 3) The ORS upon placing the telephone call that results in speaking to the officer, leaving an answering machine phone message or sending the by the Department shall be sufficient to satisfy the notice requirement. 4) Any ORS who is unable to reach an officer, leave a message or send an to the phone number or address listed on the court recall register will immediately make a notation on the District s Sending and *5 Receiving Sheet (S&R) and notify the Standards and Accountability division via [REDACTED]. Commanding Officers will conduct an investigation into the matter and request disciplinary action when warranted. DIRECTIVE 6.2-4

6 NOTE: The Standards and Accountability Division will provide each district/unit with an updated court notice recall register quarterly and/or upon request. d. When it is necessary to notify an officer by telephone or , ensure the name, rank and badge number of the ORS or their designee who notified the subpoenaed officer and how notification was made is documented on the court notice. Also, ensure this information is noted in the court notice book and on the district/unit s S&R. e. Officers who do not receive notice at least 48 hours in advance of the time they are directed to appear for a required court appearance, other than a preliminary hearing, scheduled for a date the officer is not scheduled to work, shall be paid a minimum of 4 hours of overtime at a rate of 2.5 time the employee s regular rate (designated on the DAR by entering Y in the field not given 48 hours notice ). The only exception is Preliminary Hearings. 1) The 48-hour notification starts when the officer is notified. The overtime rate will not apply to duplicate court notices for the same court case which are received less than 48 hours of the court date provided that the first notice was received 48 hours or more before the scheduled date. 2) If an officer has court already scheduled on their regular day off and they receive an additional court notice for a different case with less than 48 hours notice, they are not entitled to the additional overtime rate. The officer was previously scheduled for court and the new notice did not cause a disruption in the officer s schedule. 3) All other court notices received with less than 48 hours notice, except as mentioned in the above paragraphs, will be entitled to the 2.5 overtime rate. This includes court notices that are continued from the previous day which are less than 48 hours notice. f. When an employee is transferred or detailed to another district/unit, notify the pertinent district/unit of the notice by immediately rerouting the notice via the Departmental computer system (Refer to Computer Training Bulletin #11-2), and make the appropriate notification on the district/unit s S&R. B. Notifying supervisors of subpoenaed personnel will: 1. Ensure that Case Preps are not scheduled for an officer s SDO. Refer to Section 4-B Ensure subpoenaed personnel are promptly notified upon receipt of a court notice. DIRECTIVE 6.2-5

7 3. Date, time and sign all copies of the notice or cancellation. 4. Ensure subpoenaed personnel sign, date, time, and retain two (2) copies of the notice. 5. Complete entries in the court notice book by placing initials and badge number in the appropriate space. 6. Return the third copy to the Commanding Officer s Office for filing. 7. Distribute the Court Notice/Cancellation as follows: One (1) copy -- district/unit Captain s Office filed by date Two (2) copies -- retained by the subpoenaed employee C. Subpoenaed personnel will: 1. Ensure their appearance is necessary. 2. Ensure they provide a valid address or telephone number for court notification purposes. If providing a telephone number, personnel are required to maintain an answering machine or voic service on that designated number. It is the responsibility of the officer to keep the information current with the Department. a. Any officer wishing to change the phone number/ address will be required to submit a 350B to their Commanding Officer. That information will be immediately entered into the district/unit file and sent to the Standards and Accountability Division via so the master file can be updated. 3. Officers who fail to follow the provisions of this Directive will not be entitled to the 2.5 rate for overtime and shall be further subject to discipline under relevant Departmental policies requiring the furnishing of information. Failure to attend court once properly notified may result in disciplinary action. NOTE: If there is any uncertainty concerning the necessity of the appearance, they will immediately notify a supervisor who will follow the procedures outlined in Section 2-D Date, time and sign all copies of the notice or cancellation. 5. Retain two (2) copies of the notice and return one (1) copy to the notifying supervisor. DIRECTIVE 6.2-6

8 6. Immediately notify the on duty ORS if they will be absent from or delayed in attending court. A physical condition (sick/injured) that prohibits the appearance in court must be justified. Officer should refer to Section 2-F. D. Platoon supervisors of subpoenaed personnel will: 1. Ensure when an officer requests to use vacation time (not to include regularly scheduled annual vacation periods), holiday time or prior to scheduling an officer for training, the following is completed: a. Conduct a court notification inquiry via the Departmental computer system using the KTNQ" transaction (Refer to Computer Training Bulletin #11-02). If the officer is scheduled to appear in court on the date requested, the request will be denied. If the officer is not scheduled, the request may be approved. NOTE: A notification must be entered into the KTS1 system by the approving supervisor. Refer to Computer Training Bulletin # Not schedule personnel for routine departmental training (i.e., M.P.O., Range, Long Gun Training, Driver Training, etc.) when previously subpoenaed for court. a. Personnel who are considered or scheduled to attend specialized training (e.g., Northwestern University, POSIT, POLEX, pre-promotional training) will submit a memorandum through the chain of command to the Chief Inspector, Standards and Accountability requesting permission to be placed in On Call status while attending the specialized training. Personnel will adhere to the On Call policy as outlined in Section 1-H and Appendix A, Section 2. *3 b. Personnel subpoenaed for a case marked Must Be Tried, Must Be Tried/No On Call or No On Call, with the exception of personnel assigned to the Homicide and Crime Scene Units, will not be placed On Call under any circumstances. Any questions as to whether or not a case is Must Be Tried will be directed to the Standards and Accountability Bureau for clarification. 3. Determine the necessity of the court appearance by the officer. When it is uncertain why an officer has been subpoenaed for the case or there appears to be unnecessary personnel subpoenaed, or the subpoena was sent in error, the supervisor will contact the Overtime Management Unit (685-xxxx or xx) for review of the notices(s). *4 E. Recording of Court Time and Overtime/Compensatory Time and/or Vacation/Holiday Time Earned. *4 1. Personnel will earn Overtime, Vacation or Holiday (Compensatory time for the rank of Captain and above) for court appearances as follows: DIRECTIVE 6.2-7

9 a. On a scheduled day off (SDO) with a minimum of four(4) hours to be earned. *4 b. When Appearing for court when scheduled to work the 4 PM x 12 AM, 8 PM x 4 AM or 12 AM x 8 AM tour of duty, the employee shall be required to report to work and report off duty as scheduled and shall have two (2) additional hours added to their earned but unused vacation time. An employee who has an earned but unused vacation leave balance of seventy (70) days (560) hours or more shall, in lieu of additional vacation leave, have two (2) additional hours added to their holiday compensatory time. c. While appearing in court in excess of the eight and one quarter hours already worked in a scheduled workday. 2. Officers appearing in court while in sick status will utilize no more than four (4) hours of sick leave. *2 3. Personnel in full IOD status and attending court, will be entered in the DAR s as eight (8) hours IOD. District personnel entering the DAR s will make an entry in the remarks section indicating that the officer attended court and how many hours they were present. 4. Limited duty/restricted duty officers appearing in court will be entered in the same manner as full duty personnel. 5. If the court appearance is required to answer charges preferred against the employee, no overtime pay shall be granted. F. Lateness/Absence from Court 1. When a police officer is unable to appear for any reason, including but not limited to sick, previously scheduled vacation, military leave, funeral day or will be delayed in appearing for court, the officer is responsible for immediately notifying the duty ORS of the lateness or absence. The lateness or absence must be justified. a. When an officer is late for court, the officer will contact the duty ORS 30 minutes prior to their court start time and provide the ORS with an estimated time of arrival to court. 2. The ORS will ensure that the KTNQ file (Refer to Computer Training Bulletin #11-02) is promptly updated relative to all court lateness/absence involving personnel scheduled to appear in court that day. All absence / lateness / excuse codes are located in Appendix A of this directive. In addition, the ORS will ensure all notifications, attempts to notify, failures to appear, late appearances, absences, and computer messages/responses are recorded on the district/unit s S&R. DIRECTIVE 6.2-8

10 3. The ORS will ensure that an absence/lateness message using code "J" is transmitted when an officer has multiple court appearances on the same day. 4. When a police officer in sick or injured status and is subpoenaed to court, the appearance is considered mandatory unless the officer is confined or immobile. The appearance will take priority over all other commitments on the same day, including but not limited to doctor appointments, non-emergency hospital visits or testing and physical therapy, etc. 5. When a police officer is unable to appear because the court appearance date conflicts with their scheduled annual vacation or any prior approved day off, the ORS will ensure that the KTNQ file is promptly updated for each day that the officer is subpoenaed and is unable to appear. (Refer to Computer Training Bulletin # 11-02). a. In civil cases where an officer is subpoenaed but is unable to appear, a supervisor will immediately notify the assigned Assistant City Solicitor and advise them of the officer's status. The Assistant City Solicitor's phone number will appear on the court notice or can be obtained from either the Court Liaison Unit or the Special Advisor to the Police Commissioner. 6. When a police officer is no longer an employee of the Department, the ORS will ensure a late/absence message indicating the former officer's status is promptly entered into the KTNQ file. 7. The Deputy Court Administrator will notify the Police Department when courts are closing or are closed due to inclement weather. The Court Attendance Section (7:00 AM to 8:00 PM) or Police Radio (8:00 PM to 7:00 AM) will notify all districts/units of the closing via computer message. In addition, Police Radio will notify all department-held City Issued cell phones via RSAN message and notify the on-call Public Affairs officer to make notifications to the local media. The district/unit ORS will be responsible for ensuring that all officers scheduled to appear in court on that day are notified of the cancellation. Notification (or attempts to notify) will be documented on the S&R. 8. District/Unit Commanders and supervisors are responsible for monitoring the court attendance activity of their personnel on a daily basis. a. At the conclusion of each court day, a copy of the district/unit computerized Court Attendance Activity will be printed, reviewed, and initialed by a supervisor. The printout will be filed with the district/unit court notices. 9. Whenever a police officer fails to appear or reports late for court, Commanding Officers will ensure that an investigation is initiated and the appropriate action is taken when necessary. DIRECTIVE 6.2-9

11 G. Subpoenaed to Court While Serving Disciplinary Suspension 1. All police officers, while serving a disciplinary suspension, will appear in court when subpoenaed and notified by the Department. 2. When a police officer is serving a disciplinary suspension from duty: a. The suspended officer will immediately be notified by telephone or message as stated in 2-A-2 of this directive. b. Officers in suspended status will be compensated for their appearance in the same manner as full duty personnel, but will not be entitled to overtime. When an officer has been suspended with the intent to dismiss, they will not be compensated by the department for any court appearances. Such officers will only be entitled to a witness fee. c. Compensation for court appearances while suspended will be requested by police memorandum, which will list all pertinent information. The memorandum will be prepared by the suspended officer s immediate supervisor and submitted to the Finance Director, through the chain of command, with a certified copy of the computerized Daily Attendance Report (coded Z {suspended}, 8 hours) by the district/unit Commanding Officer. 3. REPORTING PROCEDURES A. Reporting to court *5/*6 1. Report in person to the Court Attendance Office at City Hall, Room 117, (or directly to Traffic Court, Internal Affairs, or the Police Board of Inquiry) at the time listed on the notice. Overtime will commence with the clock-in time or the court notice start time, whichever is later. Overtime will not be authorized for any time prior to the scheduled court appearance. Refer to Section 3-A-3, a through h for detailed reporting procedures. *5/*6 2. Police personnel are required to bring two (2) copies of all their court notices for that date when reporting for court. When an officer reports to court without a notice, the officer will obtain a reprint of the notice from the Court Attendance supervisor. The officer will complete the notice, return one (1) copy to the Court Attendance Section and retain one (1) copy. *5 3. Personnel will scan in using the Court Attendance Tracking System (CATS) via the biometric finger scanners. DIRECTIVE

12 a. Criminal Justice Center: *5 b. Family Court *5 c. Traffic Court *5 d. Internal Affairs Personnel will report on for court via the scanners located in the Court Attendance office, City Hall, Room 117 and proceed directly to their courtroom unless given a Court Recall assignment. Upon arrival to their courtroom, personnel will again scan in and report to the Court Liaison officer or the assigned ADA in each respective courtroom. NOTE: Officers having multiple court cases on one day must always indicate their current location within the Criminal Justice Center by scanning in to the courtroom where the officer is on location so they can be contacted if needed. Personnel will report on for court via the scanners located in the Court Attendance office, City Hall, Room 117 and proceed to 1501 Arch Street and scan in via the CATS scanner located in the lobby of the Family Court building. This will indicate your arrival at 1501 Arch Street. After scanning in, personnel will report to the appropriate courtroom as listed on their court notice. Personnel will report directly to Traffic Court, 8 th and Spring Garden Streets and scan in upon arrival using the CATS scanner. When court is completed for the day, personnel will scan out using the scanner. Personnel notified to report for an interview will go directly to 7790 Dungan Road on the date and time designated on the notice and scan in using the CATS scanner and report to the appropriate unit for their interview. Upon completion of the interview, personnel will scan out using the CATS scanner. *5 e. Police Board of Inquiry (PBI) Hearings Personnel notified to attend a PBI Hearing will report directly to 8 th and Race Streets, Room L-3 on the date and time listed on their notice. Upon arrival, personnel will record their arrival and departure by signing the attendance log. PBI personnel will manually enter the time of arrival and departure in the KTNQ system. DIRECTIVE

13 f. Other Center City locations: Personnel attending other Center City area court cases such as Federal Court, City Solicitor, ADA Preps and Private Attorney cases will report on and off for court via the scanners located in the Court Attendance Office, City Hall, Room 117. g. When picking up evidence, personnel will scan in and out via the scanners located in City Hall, Room 715, and/or the Forensic Science Building, 8 th and Poplar Streets. When returning the evidence, personnel will scan in and out from the evidence location and that time will be the final out time for the day. h. Mental Health Hearings: Officers subpoenaed to attend a Mental Health Hearing will call a Court Attendance supervisor when they arrive at the facility listed on the court notice and again upon completion of the hearing. B. Court Appearances in Other Jurisdictions 1. Police personnel who are subpoenaed to appear in court in another jurisdiction as a result of police duties will: a. Notify the Court Attendance office (215-xxx-xxxx) when they leave their residence for the other jurisdiction, making note of who received the notification. A Court Attendance Supervisor will manually enter the officer's time in the automated court notice system. NOTE: Personnel with appearances at multiple locations will be responsible to notify those courtrooms of their status. b. Notify the Court Attendance Office when they arrive back home after the appearance, making note of who received the notification. A Court Attendance Supervisor will enter the officer's time out in the automated court notice system. 2. When police personnel incur expenses as a result of an outside jurisdiction court appearance, they may apply for reimbursement per Directive 11.8, "Reimbursable Expenses". C. Reporting Off from Court 1. Upon completion of a court appearance, personnel will: a. Complete the following blocks on the court notice: 1) Disposition of the case, 2) Names of the Judge and ADA, 3) Disposition of the evidence, and DIRECTIVE

14 4) Time spent testifying. If not called to testify, print "NONE" in the space provided. b. Have the ADA sign and record the time the appearance was completed on the front of the court notice. This procedure will be adhered to in all cases including postponements, continuances, and multiple appearances. c. Upon completion of the final court appearance of the day at CJC, personnel will scan out of their final courtroom. Personnel attending Family Court, 1501 Arch *5 Street, will scan out via the scanner located in the lobby of the building. *5 1) Upon scanning out at a CJC courtroom or Family Court lobby, personnel do not have to scan out at City Hall. *5 2) Personnel attending Traffic Court or Internal Affairs will scan out using the scanners located in their facilities. 3) If an appearance is requested at a different location or jurisdiction, contact that location by phone to ascertain if the appearance is still required. 4) If required, proceed to that location and check in with the appropriate Court Attendance Office. 5) If not required, note the date, time, and name of person contacted on the reverse side of the court notice. 6) Upon scanning out, personnel will return to their district/unit of assignment when their scheduled tour of duty has not been completed. NOTE: Personnel working a tour other than day work will be off until their next scheduled tour begins. C. Return to District/Unit of Assignment Subsequent to a Court Appearance 1. Personnel will submit a completed and signed (by the ADA) copy of the notice to their ORS. 2. The ORS will: a Compute overtime or compensatory time accrued, if any, in accordance with Directive 11.10, "Overtime Pay and Compensatory Time, using the Departmental computer system. Enter this information on the notice and the computerized Daily Attendance Report. Overtime will commence with the clock-in time or the court notice start time, whichever is later. Overtime will not be authorized DIRECTIVE

15 for any time prior to the scheduled court appearance. b. Attach the notice to the printed Daily Attendance Report for the inspection and approval of the Commanding Officer. c. File the original, completed, and signed copy of the notice in accordance with the Records Retention and Disposition Schedule. D. Tour of Duty Coordination 1. In coordinating court appearances and tours of duty, personnel who are scheduled to work: *4 a. 12 AM x 8 AM (or variation) - will report off duty at the scheduled end of their tour. b. 4 PM x 12 AM (or Variation) - sworn personnel who appear for court in overtime status and are scheduled to report for the 4PM x 12AM shift are required to report to work as scheduled. *4 c. Subsequently, the employee shall be required to report to work as scheduled and shall have an additional two (2) hours added to their earned but unused vacation time. An employee who has an earned but unused vacation leave balance of seventy (70) days/(560) hours or more shall, in lieu of additional vacation leave, have an additional two (2) hours added to their holiday compensatory time. 4. CASE PREP COURT NOTICES, SUBPOENAS, AND OFFICE OF PROFESSIONAL RESPONSIBILITY NOTICES TO APPEAR A. Police personnel subpoenaed for a Case Prep will: 1. Ensure they do not appear for Case Preps on scheduled days off (SDO). 2. Notify their immediate supervisor of a Case Prep court notice. 3. Officers not directly involved will not participate or earn overtime in case preps. 4. Report on time to Court Attendance, City Hall, Room 117, prior to reporting for the Case Prep. 5. Upon completion of permitted overtime, terminate the Case Prep appearance. 6. Have the ADA sign and record the time the Case Prep is completed on the front of the court notice. DIRECTIVE

16 7. Report to Court Attendance, City Hall, Room 117, to report off. NOTE: No overtime will be recorded in excess of the specified time limitations without the direct approval of the pertinent Deputy Commissioner. All exceptions to Case Prep appearances will be submitted for approval on memorandum through the chain of command to the appropriate Deputy Commissioner. If time does not permit the submission of this memorandum, the district/unit Commanding Officer will contact, by phone, their Deputy Commissioner's Office for approval or further instructions. *3 8. Under no circumstances will personnel with a Case Prep court notice be placed in On Call status. B. The employee's immediate supervisor will ensure: 1. The district/unit Commanding Officer is notified immediately of all Case Prep notices. 2. Personnel do not appear for a Case Prep while in SDO status. 3. If personnel are scheduled to appear for a Case Prep while in SDO status, the supervisor will immediately contact the Overtime Management Unit (215-xxxxxxx or xx) for cancellation. C. District/unit Commanding Officers will ensure: 1. All overtime is necessary and non-preventable and maintain a district/unit file for all Case Prep subpoenas. NOTE: Initial Case Prep appearances will be limited to four (4) hours overtime in homicide/felony cases and two (2) hours overtime in all other cases, when appropriate. Subsequent Case Prep appearances will coincide with the officer's scheduled tour of duty, with the exception of personnel assigned to the 12AM x 8 AM, 8PM x 4AM tour of duty. D. Personal Service Subpoenas (Duty Related) 1. Police personnel subpoenaed for court by personal service subpoena will notify their immediate supervisor who will ensure that the subpoena is sent to the Court Liaison Unit for computer transmission when it is determined to be related to their duties as a police officer. 2. Upon notification the immediate supervisor will: DIRECTIVE

17 a. Contact the Commanding Officer, Court Liaison Unit, to notify them of the subpoena and determine if it qualifies for court notice transmission. b. Fax a copy of the subpoena to the Court Liaison Unit. c. Upon receipt of the court notice, follow standard procedures as found in Section 2-A of this directive. 3. The Court Liaison Unit will: a. Upon receipt of a personal service subpoena sent by a district/unit via fax, review and transmit a court notice to the officer requested to appear in court. 4. Witness Fees a. Personnel subpoenaed for a court appearance in a jurisdiction other than Philadelphia are not entitled to witness fees paid by that jurisdiction for duty related appearances. Witness fees paid will be forwarded to the Finance Unit, Room 307, Police Headquarters. b. Commanding Officers will ensure adherence to this procedure. E. Office of Professional Responsibility Notices to Appear 1. Units reporting to the Office of Professional Responsibility (Internal Affairs, Internal Support Services, etc) will transmit a court notice to an officer's district/unit when it is required that an officer appear for an interview. 2. Police Department employees will be entitled to have a recognized bargaining unit representative present during any administrative inquiry that the employee reasonably believes might result in disciplinary action against them. However, it is the employee s responsibility to notify and obtain representation. The Department representative will schedule such inquiries no less than three (3) calendar days, excluding Saturdays, Sundays, and recognized City holidays, after notifying the employee. 3. When notices are received, the Operations Room Supervisor will immediately notify the officer subpoenaed to appear as stated in Section 2-A-2. This will permit the officer sufficient time to obtain legal representation through the F.O.P. should it be requested by the employee. 4. When reporting, the officer notified to report for an interview will go directly to 7790 Dungan Road and scan in using the CATS scanner on the date and time designated on the notice and then report to the appropriate unit for their interview. DIRECTIVE

18 5. Immediately upon completion of their interview, the officer will scan out and return to their district/unit of assignment to finish their tour of duty. 5. ELIMINATION OF UNNECESSARY COURT APPEARANCES A. Commanders/Managers shall be responsible for reviewing and monitoring all court overtime for all employees in their respective district/units. 1. Supervisors are required to review and initial all arrest and investigative reports, including PARS reports within 10 hours of their completion to ensure only those officers/investigators who are necessary for the successful outcome of the case are listed. 2. All reports should clearly articulate the facts and circumstances of each case. Supervisors are responsible for ensuring that reports comprehensively capture the exact actions relevant to that case for each personnel member listed, including any supervisors. B. Supervisors shall ensure they are directing an investigation appropriately and are not placing themselves in a position that will require their testimony at a later date. A supervisor shall, upon receipt of any court notices requesting their presence, make this court notice known to their Commanding Officer. When a Commanding Officer is notified of a supervisor receiving a court notice, they will determine if it is complicit with Section 5-B of this directive. A report will be prepared and forwarded to the appropriate Deputy Commissioner. C. Assigned investigative supervisors will maintain the overall responsibility for case management, including the number of police personnel involved in each case. When feasible, the lead investigator or co-investigator, will assume responsibility for handling multiple components of each case, including collecting physical evidence, writing property receipts, taking statements, and assuming the role of affiant on the search or arrest warrant. The narrative description included on all search or arrest warrants should match these assigned roles and responsibilities. D. All court notices will be reviewed by platoon supervisors to determine whether the personnel subpoenaed are necessary. Supervisors should pay particular attention to the number of personnel subpoenaed for a particular case as well as the number of consecutive days personnel are required to attend the same case. 1. Whenever there appears to be unnecessary personnel requested on a case, the supervisor will contact the Overtime Management Unit (685-xxxx or xx) to refer the case for their review. DIRECTIVE

19 2. Whenever there are six (6) or more personnel subpoenaed on the same case, the supervisor will contact the Overtime Management Unit to refer the case for their review. E. When police personnel are subpoenaed for court on a Scheduled Day Off (SDO), the platoon supervisor shall initiate an immediate review of the case and arrest paperwork to determine the need for the officer s appearance. If it appears the officer is unnecessary, the supervisor shall contact the Overtime Management Unit to refer the case for their review. All Overtime Management Unit notifications will be completed in a timely fashion to allow for a complete review and communications with the District Attorney s office. If the court notice in question does not get cancelled, the subpoenaed officer will attend. 6. COURT RECALL SYSTEM A. The Court Recall System is a duty function of uniformed officers and supervisors which provides foot patrol in Center City while waiting to be called to testify in court. Only specific courtrooms, as determined by the Commanding Officer of the Court Liaison Unit, will be utilized in the Court Recall System. B. The Commanding Officer, Court Liaison Unit, will ensure that all district/units are informed of the courtrooms included in the Court Recall System. C. Uniformed officers and supervisors who report for Court Recall will dress in uniform of the day with all necessary equipment, including rain gear, baton, etc. D. Officers assigned to Court Recall will report to the appropriate Court Attendance office for assignment. 1. Uniformed officers working the 8AM x 4PM, 4PM x12am or SDO tour of duty will report to the appropriate Court Attendance office at the time stated on their court notice. a. Upon receiving their assignment, officers will report to their assigned foot beat immediately. Officers will stay on assignment until notified by Police Radio to report to the Court Attendance office where they will return their portable handset and then proceed to the appropriate courtroom. Upon reporting to their courtrooms, officers will refer to Section 3-A, Reporting Procedures. E. The following personnel will not be affected by the Court Recall System and will report to the appropriate Court Attendance Section office at the time printed on the court notice: 1. Officers assigned to the 12 AM x 8 AM or 8 PM x 4AM tour of duty. DIRECTIVE

20 2. Officers in sick, injured, limited duty or restricted duty status. 3. Personnel suspended from duty. 4. Personnel having court notices for a recall court room and a non-recall courtroom on the same day. 5. Personnel subpoenaed to more than one court facility such as the Criminal Justice *5 Center, Family Court and Federal Court etc. 7. SIMULTANEOUS APPEARANCES AND PRIORITY OF COURTS A. Personnel subpoenaed to multiple Criminal Trial Courts simultaneously will report to the highest priority court. B. In cases of multiple appearances, the ORS will ensure that: 1. Whenever an officer has multiple court cases, regardless of their locations, an absence/lateness message, using the J code, is transmitted via the Departmental computer system. In the "Remarks" section of the message, note that the officer has multiple court cases and list all locations and room numbers. *5 C. Whenever multiple appearances are at different court facilities, the subpoenaed officer will: *5 1. Report to the highest priority courtroom after scanning in at the designated Court location. *5 2. Contact all other courtrooms by telephone and inform them of their court commitments. *5 3. Remain in the highest priority court until the case is completed or until otherwise excused. Proceed to the next highest priority court. Continue in this manner until all scheduled appearances for the day are completed. D. Officers will be guided by the Priority of courts and related appearances listed in Section E below. Questions regarding priority of courts will be directed to the Court Liaison Unit. Due to the fluctuation of courtroom start times and various start times for preliminary hearings, officers will report to court for the case with the earliest courtroom start time (as listed on the court notice) on a given date. Upon arrival in the courtroom, notify the assigned ADA if the officer has a preliminary hearing case scheduled at a later time that same day. DIRECTIVE

21 E. Priority of Courts and Related Appearances: 1. Must Be Tried Preliminary Hearings 2. Must Be Tried all other courts NOTE: In the event of simultaneous must be tried listings in the same court, personnel will immediately notify the Special Advisor to the Police Commissioner at 215-xxx-xxxx. 3. Preliminary Hearings 4. Common Pleas Court - Criminal Cases a. Homicide b. Major Felony Trials c. Family Court d. Felony Waiver cases 5. Municipal Court List Rooms 6. Criminal Motions List and Post-conviction Hearing Act Hearings 7. Investigating Grand Jury 8. Federal District Court - When a Federal District Court case involves the Police Department or the City of Philadelphia, it will be given a higher priority as determined by the Law Department. NOTE: In Federal criminal cases, a higher priority may be given to a Federal case as determined by an agreement between the Philadelphia District Attorney s Office (DAO) and the Office of the U.S. Attorney. In any civil case where the City of Philadelphia, Police Department, or officer is a party or witness for the City, the officer must appear and/or notify the Assistant City Solicitor of any conflicting court appearances. Notifications will be made in advance of the scheduled listing to allow for coordination between the City Solicitor and the District Attorney s Office (DAO). Supervisors will ensure that such notifications are made. 9. Pennsylvania Board of Probation and Parole 10. Civil cases 11. City Solicitor 12. Traffic Court DIRECTIVE

22 13. State Bureau of Highway Safety Hearings 14. Pennsylvania Liquor Control Board 15. Civil Service Commission 16. Police Board of Inquiry 17. Internal Affairs Bureau interview 18. Equal Employment Opportunity Unit Interview 19. Police Advisory Commission NOTE: OTHER JURISDICTION COURT in the event an officer has local cases *5 (including but not limited to CJC, Family Court, etc) and an Out of Jurisdiction case on the same day, consult with the Department s Special Advisor to the Police Commissioner at 215-xxx-xxxx to determine the priority of appearances. 8. MUST BE TRIED CASES/NOTICES A. Local Court Rule 800 provides for one continuance by the prosecution. The District Attorney s Office must be prepared for the rescheduled proceeding or the defendant may be discharged. Appearance at this type of listing is mandatory. Under no circumstances will police personnel be permitted to be placed "on call" for these cases. B. MUST BE TRIED cases take priority over all other court appearances. If police personnel are subpoenaed simultaneously for MUST BE TRIED cases at multiple locations (e.g., CJC and Family Court) they will immediately notify the Special Advisor to the Police Commissioner at 215-xxx-xxxx who will provide appropriate assistance. C. The Commanding Officer, Court Liaison Unit, when notified of a MUST BE TRIED case by the DAO will ensure the term "MUST BE TRIED" is indicated in the "Remarks" block of the notice. D. The ORS, upon receiving a MUST BE TRIED, notice for an officer will: 1. Ensure the subpoenaed officer is notified in accordance with the procedure outlined in this directive for notification and distribution of court notices (Section 2-A-2). DIRECTIVE

23 2. Ensure if the subpoenaed officer is unable to appear due to an incapacitating injury/illness or pre-approved vacation entered into KTS1, the following procedure will be followed in addition to those outlined in this Directive: a. When a MUST BE TRIED notice has been received on the business day preceding the scheduled appearance in which the officer will be unable to appear: 1) Enter a late/absence excuse via the Departmental computer system using "KTNQ" E. The Special Advisor to the Police Commissioner, upon any notification made by personnel, will contact the appropriate Divisional Chief of the District Attorney s office and will instruct them accordingly. 9. POLICE BOARD OF INQUIRY (P.B.I.) HEARINGS A. When an employee is scheduled for a PBI hearing, the Department Advocate will: 1. Ensure all necessary personnel including subject personnel, witnesses and board members, are promptly notified via the Departmental computer court notice system. 2. All civilian witnesses not employed by the Police Department are notified by certified mail. B. The ORS will: 1. Upon receipt of a notice for an employee to appear, ensure they are notified in accordance with the procedure outlined in this directive for notification and distribution of court notices (Section 2-A-2). One (1) copy of the notice will be immediately forwarded to the district/unit Commanding Officer. 2. Upon notification from the Department Advocate of any changes in the date and/or time or personnel required at the hearing: a. Document all information on the district/unit s S&R. b. Ensure all notifications are forwarded to pertinent personnel and the district/unit s Commanding Officer. C. The employee's Commanding Officer will: 1. Ensure that all police/civilian employees have been notified of the date and time of the hearing, including any changes as made by the Department Advocate. DIRECTIVE

24 2. Ensure that all subpoenaed employees adhere to the distribution of notices as outlined in Section 2-B of this directive. D. Employees, witnesses, and board members notified of a PBI hearing will: 1. Report directly to the PBI location and present a signed copy of the notice to the Department Advocate. a. The Department Advocate will complete the "Time In Court" block, sign the "D.A. signature" block, and return it to the employee. 2. When the hearing is concluded, report out with the Department Advocate and return to the district/unit of assignment when the tour of duty has not been completed. a. The Department Advocate will enter the employee's arrival and departure times into the automated court notice computer system. 3. Upon return to the district/unit, submit the completed notice to the ORS. a. The ORS will process the notice as prescribed in Section 3-C NON-POLICE DUTY RELATED COURT APPEARANCES A. Police officers will not appear at any non-duty related court appearance in uniform. Uniforms are restricted to duty related court appearances only. Personnel will use vacation/holiday time for any period of absence from their regular tour of duty. Personnel are not entitled to overtime pay when appearing for non-duty related court appearances. B. Personnel who are plaintiffs, defendants, or interested parties in personal matters at *5 Family Court, including but not limited to divorce, custody, support, etc. at 1501 Arch Street are not permitted to carry a firearm, or any other weapons into the courtroom. Personnel who are involved in litigation of this type will: 1. Identify themselves to a member of the Courthouse Security Unit in the lobby. Do not pass through the metal detector. 2. Safely unload the firearm or relinquish any other weapons in the designated side room and retain firearm ammunition. 3. Place the firearm and/or weapon in a locked box at the security desk area. DIRECTIVE

25 4. The locker key will be maintained by the officer surrendering the firearm and/or weapon. 5. Sign the gun log book at the security desk in the lobby. 6. Upon leaving the courthouse, notify Courthouse Security that your business is concluded. Retrieve the firearm or weapon from the lock box and sign the logbook. C. Character Witness Appearances 1 For purposes of this section, the following definitions shall apply: a. Character Witness any person properly subpoenaed in any legal proceeding to provide evidence of a party s moral standing in the community based on reputation. b. Character Witness Testimony oral or written evidence given by a witness regarding a party s moral standing in the community based on reputation. This shall include, but is not limited to, affidavits, letters, s or other correspondence. 2. The Court Liaison, Attendance Unit SHALL NOT accept service on behalf of any police personnel or process any Departmental teletype for any subpoena for Character Witness Testimony. Any attorneys or process servers attempting to serve such subpoenas may be referred to the Special Advisor to the Police Commissioner at 215-xxx-xxxx. 3. Police personnel must be served a subpoena consistent with either the Pennsylvania Criminal or Civil Rules of Procedure before they may give a Character Witness Testimony in a civil, criminal, administrative, or other judicial proceeding. Questions or concerns involving character witness appearances will be directed to the Special Advisor to the Police Commissioner at 215-xxx-xxxx. 4. Police Personnel who have been served privately with a subpoena or requested to provide Character Witness Testimony in any legal forum shall: a. Immediately notify their Commanding Officer by memorandum of the subpoena or request to appear as a Character Witness and provide all pertinent information contained on the subpoena or request. The memorandum will be forwarded through the chain of command to the Deputy Commissioner, Office of Professional Responsibility, who will provide a copy of the memorandum to the Special Advisor to the Police Commissioner. The memorandum must be submitted on the day the notice is received. DIRECTIVE