Police Department Policy

GGPDE_325_-_Subpoena_and_Court_Appearance_Proc_2773400

Garden Grove PD

Policy Text
Procedure 325Garden Grove Police Department Procedures Manual Copyright Lexipol, LLC 2022/06/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentSubpoena and Court Appearance Procedures - 1Subpoena and Court Appearance Procedures 325.1 PURPOSE AND SCOPE This procedure will establish guidelines for handling electronic subpoena notifications sent directly to department employees through electronic mail, court appearances, and related compensation. 325.2 COURT APPEARANCE NOTIFICATION Criminal subpoenas will be served directly to all police department employees through the Department’s e-mail system. When an employee receives an electronic subpoena, the employee will be responsible to do the following: (a)Employees must open all electronic subpoena e-mails each workday. (b)Subpoenas sent by the Orange County District Attorney’s Office are sent via an automated system integrated with InTime/ILJAOC. All subpoenas are automatically accepted by the system if there is no pre-scheduled conflict in the scheduling system (i.e. vacation or some other type of leave) and they fall in to the 7 day notice timeframe. (c)If the system registers a conflict, the CLO will determine whether to accept or reject the subpoena. If the subpoena falls into already scheduled leave for the employee, the subpoena will be rejected and returned to the OCDA’s office. If the subpoena falls under the 7 day notice timeframe, the subpoena will be accepted if the court date falls on the employee’s normal work day. Otherwise, the CLO will contact the subpoenaed officer and ask if they will accept the late-notice subpoena. If the employee does not accept the subpoena, or the CLO cannot contact the subpoenaed officer, the subpoena will be rejected as mentioned above. (d)Any employee requesting additional time off (i.e. comp-time, holiday, other vacation, etc.) must submit a brief memorandum to his or her immediate supervisor. If the request for time off is approved, it will be retained in the employee’s Division or Unit file. (e)It will be the employee’s responsibility, with the assistance of the CLO, to contact the District Attorney’s office if time off is requested. (f)Department employees must also check his or her mailboxes for criminal subpoenas still being hand-delivered to the CLO for service. NOTE: InTime/ILJAOC does not differentiate an employee’s normal day off. It is the responsibility of the employee to notify his/her supervisor of days he/she may be unavailable for court on normal days off. This may include scheduled time off, doctor’s appointments or other forms of accepted leave. The Court Liaison Officer’s responsibilities are as follows: (a)Upon receipt of a subpoena and other documents (i.e. memorandum) from an employee noting unavailability on an already accepted subpoena, the CLO will immediately contact the issuing agency (Court, D.A., Public Defender). If the issuing agency still requires the employee to appear at court the CLO will notify the employee. Garden Grove Police Department Procedures Manual Subpoena and Court Appearance Procedures Copyright Lexipol, LLC 2022/06/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentSubpoena and Court Appearance Procedures - 2(b)Check the InTime/ILJAOC scheduling system daily for any conflicts with new subpoenas. (c)If there are any subpoenas in the conflict queue, the CLO will address each one individually. 1.Subpoenas that fall under already scheduled leave for the employee will be rejected by the CLO, printed and stamped with the reason and given the soonest availability date. These subpoenas are returned to the OCDA’s office. 2.Subpoenas that fall under the minimum 7 day notice will be accepted if the court date falls on the employee’s normally scheduled work day. Otherwise, the CLO will contact the subpoenaed employee and ask if he/she will accept or reject the subpoena. If the CLO cannot get into contact with the subpoenaed employee that day, the subpoena will be rejected. Rejected subpoenas will be handled as stated above. (d)The CLO will maintain a Subpoena Log that includes employees’ court and court alert time for each court day. The Subpoena Log will be made available to all Division and Unit Commanders via email. 325.3 COURT ALERT On the day indicated on the court subpoena, employees are on "court alert" status. Employees should be prepared to testify and be in possession of pertinent reports, citations, and other necessary court documents. Employees will remain on "court alert" during normal court hours or until notified by the CLO. If a case is continued or trailed, the employee continues to be on "court alert" until notified otherwise by the CLO. The InTime/ILJAOC scheduling system automatically notifies an employee via text message and email if a case is continued or trailed to another date. It is the employee's responsibility that the system has an accurate phone number to be notified or subpoenas and trailed cases. If the District Attorney's Office contacts the CLO's office after hours regarding a continued or trailing case, he or she will be directed to contact Police Records personnel, who will immediately make notification to employees by telephone. If an employee is off duty and not at his or her home telephone number, or cannot be reached by cellular phone, he or she must notify the CLO of the telephone number where he or she can be contacted. If the CLO is unavailable, the on-duty Patrol Sergeant is to be notified of

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.