Many law enforcement agencies are mandated by state constitution, statute, or ordinance to serve civil process and/or execute criminal process in support of the judicial function.

The functioning of the courts is affected by the prompt service of court documents. Thus, the effectiveness and image of the judicial system are dependent in part, upon the effective and timely service of court documents.

The types of process to be served or executed vary among jurisdictions as do some of the agencies’ accompanying responsibilities, depending on the source of legal authority. Inadequate record-keeping and/or inappropriate procedures may subject the law enforcement agency to litigation and civil liability.

In many cases, the law enforcement agency collects funds derived from fees and sale of property at the direction of the court. Consequently, the agency must ensure proper accountability of these funds.

Standards in this chapter address areas of agency discretion in performing and recording its legal process functions, including records, civil process, criminal process, financial requirements, and property management. The standards are designed to ensure sufficiency of information, accuracy, timeliness, accessibility, and fiscal accountability in the delivery of legal process services but not functional responsibility. Responsibility for functions in this chapter may be shared throughout the agency, e.g., patrol, criminal investigation, communications, records, etc., or provided by a specialized component(s), e.g., warrant/fugitive, civil process, etc.

74.1.1 Information regarding each item of legal process, civil and/or criminal, is recorded, and includes the following elements:

Commentary: Record entries may be cross referenced so that the information can be retrieved by means of the court’s docket number and by the names of any of the parties to the action. In most instances, a unique number should be assigned to permit cross-

reference of the return with the entry.

(M M M M)

74.1.2 A record on the execution or attempted service of legal process documents is maintained and includes:

Commentary: None.

(M M M M)

74.2.1 Written directives govern the service of civil process documents.

Commentary: Typically, the written directives should describe the role of the process servers and their general responsibilities relating to the methods of service and the actions required of the servers. Agencies should remember that some protection orders and anti-harassment orders should be included in their directive. Additionally, each type of process in the jurisdiction may be identified and any specific requirements unique to that individual process should be explained. The procedures for execution of the return may be explained, including notations and attachments. The directive should also contain details for service on partnerships and corporations as well as civil process received from, or served, outside of the agency’s jurisdiction.

(M M M M)

74.2.2 Execution of orders for civil arrest or writs requiring the seizure of real or personal property is performed by a sworn law enforcement officer.

Commentary: Restricting the individual’s "present right to personal liberty" is best performed by an arresting officer who has proper authority and training. The seizure of property pursuant to a court order involves a potential for resistance. In the execution of such writs, the agency should ensure that the officer assigned has the power to keep the peace and that sufficient officers are assigned to deter breach of the peace during each execution.

(M M M M)

74.3.1 Written directives govern the execution of criminal process.

Commentary: The directives should address the types of warrants to be executed, territorial limitations upon execution, time requirements for execution, statutory provisions for summoning aid, and procedures for the issuance of summons in lieu of arrest. Consideration should also be given to such matters as standards for the use of force, statutory provisions respecting immunity from arrest, as well as other statutory provisions pertaining to arrest in the jurisdiction.

(M M M M)

74.3.2 Arrest warrants are executed by sworn law enforcement officers only.

Commentary: Statutory mandates, plus the broader potential civil liability for citizens who effect arrests, make it essential that only sworn officers execute criminal process.

(M M M M)

74.4.1 All property acquired through the civil process function is accounted for in agency records and is disposed of by the agency pursuant to legal authority.

Commentary: property obtained through asset forfeiture proceedings by agencies through the civil processes is covered under this standard (For criminal seizures see chapter 84).