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Applicable
To: Sworn employees |
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Approval Authority: Chief George N. Turner |
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Signature: Signed by GNT |
Date Signed: 9/19/11 |
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| Table of Content | |||
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To develop a standardized process for receiving and distributing subpoenas and summons for employees’ court appearances.
It is the policy of the Atlanta Police Department that each police officer is responsible for submitting complete and accurate documents (reports, supplements, statements, warrants and any other documents needed), for the preservation of evidence, and for the proper judicial presentation of all cases made by the officer.
3.1 The FOD Commander shall assign sworn employees in the FOD Administrative Office to staff the Court Liaison Office and the Court Appearance Office.
3.2 Section commanders shall document receipt of subpoenas and summons for court appearances for employees at worksites under their chain of command.
3.3 Section commanders shall initiate an investigation when employees under their chain of command fail to appear to a judicial hearing.
3.4 Supervisors shall ensure that officers under their command receive subpoenas and summons promptly.
3.5 All sworn APD personnel (regardless of his or her rank) are responsible for submitting complete and accurate documentation to the court (reports, supplements, statements, warrants etc.). All sworn personnel are responsible for the preservation of evidence and for the proper presentation of facts in judicial proceedings.
3.6 The Court Liaison Office is responsible for receiving, documenting, and distributing all subpoenas and summons for employees, coordinating court appearance times, and notifying the courts of the same. The Court Liaison Office can be contacted at 404-906-0131.
3.7 The Court Appearance Office is responsible for monitoring compliance with court attendance procedures, receiving all failure to appear summons from the courts, distributing failure to appear summons to employees through their chain of command, and coordinating court appearance times. The Court Appearance Office can be contacted at 404-906-0132.
4.1.1 The officer must attend court as scheduled, except as provided below. If court appearances are in conflict, it is the officer's responsibility to contact the proper court officials to resolve the conflict. If the officer is planning to take vacation or otherwise to be absent from duty and has cases pending, he or she should notify the courts in writing via Form APD 649 (Officer unavailable for Court Form), requesting that the cases not be set during that specific period. This request in no way relieves the officer from attending court if subpoenaed. If sickness or an emergency keeps the officer from attending court, he or she must call the court before the time he or she is scheduled to appear. In situations where the officer is incapacitated his or her supervisor shall contact the courts. Contact the courts as follows:
1. Municipal Court Attendance
a. The officer shall book all cases at the time assigned. Officers in certain sections and units shall appear in Municipal Court only when called by the court officer; these sections and units are posted along with the court booking schedule.
b. On arrival at Municipal Court, the officer must sign in at the court officer’s desk on Form APD 616 (APD Police Sign-in Sheet).
c. After an off-duty officer has testified, the Court Appearance Office shall verify the employee’s compensatory time sheet. The off-duty officer shall submit the “comp” sheet to his or her supervisor.
d. After an on-duty officer has testified, the Court Appearance Office shall log him or her out. The officer shall promptly return on-duty.
2. Traffic Court Attendance
In order for officers to be properly excused from attending Traffic Court, he or she shall call the court (404.954.6714).
3. Fulton or DeKalb State Court
The officer must sign in with the solicitor.
4. Fulton or DeKalb Grand Jury
The officer must sign the attendance ledger.
5. Fulton or DeKalb Superior Court
Upon receiving a subpoena, officers shall call the assistant district attorney to ascertain when the officer's attendance is required.
4.2 Submitting Arrest Reports to Municipal Court and Corrections.
1. Case officers shall take copies of their arrest reports to all Municipal Court probable cause hearings; if cases are bound over, he or she shall hand the arrest reports to the Municipal Court clerk, who shall staple the report to the arrest ticket.
2. On cases reported or witnessed by individuals other than the case or arresting officer, in which the officer is not summoned to court, the court liaison officer shall provide copies of arrest reports to the Office of Corrections and the Solicitor's Office.
4.3 Courtroom Conduct
Officers shall conduct themselves with professional decorum while in court. They shall not engage in loud talking, unnecessary movement, chewing gum, smoking, eating, or reading newspapers. All discussions with witnesses and attorneys shall be quiet, professional, and outside the courtroom.
4.4.1 The following guidelines will assist officers to be a good witness in judicial hearings:
1. Take good investigative notes, write a well-written report, citation and/or summons.
2. Refresh your memory from notes, incident report, or the case file prior to testifying in court and have your original notes in your possession.
3. Locate and examine all physical or "real" evidence to be presented in court. Prior to your court appearance, you must verify any identification you placed thereon. (Make sure your chain of custody is proper.)
4. Discuss your testimony with the assigned prosecutor prior to your court appearance.
5. Arrive promptly to your scheduled court date and dress in conformance with the Department's dress code.
6. When being sworn in as a witness or testifying, present yourself in a serious and professional manner.
7. Listen and understand the questions asked of you and then promptly answer in a loud and clear voice. Avoid nodding or shaking your head.
8. Politely request that any ambiguous questions be repeated.
9. When addressing the Court, use "Sir" or "Ma'am" or "Your Honor". Refer to the subject as "The Defendant" or "Mr. or Ms".
10. Do not be sarcastic or funny; respond with normal everyday words.
11. Tell the truth, be firm and positive in your answers. Do not lose your temper.
12. Only provide the information asked for in the question.
13. Do not appear anxious to convict.
14. Avoid conclusions. Stick to what you learned and know through your personal senses. Only state the facts.
15. Avoid expressing your opinion unless you are asked to give it and you are able to explain it.
16. If you do not know the answer, say so.
17. If you make a mistake, correct yourself.
18. Do not testify to hearsay unless you are repeating the defendant's incriminating statement to you.
19. Do not tell what another witness told you, as it would be hearsay.
20. Do not testify to any prior arrest or conviction of the defendant unless the prosecution expects you to do so after the defendant has put his or her character in issue.
21. Do not testify to any other or prior criminal act of the defendant unless the prosecution is allowed to go into same for a specific purpose such as motive, scheme, or intent.
22. When discussing time and/or measurements, say "about," around, or “approximately" unless you have an accurate recording of the time and/or measurement requested.
23. Do not be argumentative on cross-examination and remain calm and courteous.
24. Know and abide by the rules of the court.
4.5 Witnesses in State, Municipal and Traffic Courts
4.5.1 The arresting officer is responsible for determining which witnesses are needed in a Municipal Court, traffic case, and he or she is also responsible for issuing subpoenas accordingly.
4.5.2 When attending court, the arresting officer shall assist the solicitor in determining whether the necessary witnesses are present.
4.5.3 When subpoenaing a witness, the officer should keep in mind that the individual may not be familiar with court procedures. The officer should be sure that the subpoena is complete and legible and that the individual understands what is expected of him or her. Because of the burden that court attendance may place on the witness, the officer should subpoena only those witnesses who are necessary to the case.
1. Insure that the subpoena reflects the proper address. Place a correct address label on the subpoena if the address is incorrect.
2. On the stub of the subpoena, write the same information. Also write the incident number, the witness's address, and the witness's phone number. Ask the witness to sign for the subpoena.
4.6.1 The Court Liaison Office shall receive and document all subpoenas and summons issued by the courts for employees. The Court Liaison Officer shall distribute all subpoenas and summons to the section commanders.
4.6.2 The section commanders shall document all subpoenas and summons received for employees under their chain of command in the subpoena log book.
4.6.3 An employee should when possible be provided with a subpoena seventy-two (72) hours prior to the required appearance date unless otherwise directed by a judge.
4.6.4 Employees shall document the receipt of each subpoena and summons received by signing their names in the subpoena log book.
4.6.5 Employees who receive a subpoena or summons through the Fulton County Complaint Room must attend court on the date and time specified in the subpoena or summons. Employees who do not attend court as required shall be subject to a failure to appear and disciplinary action.
4.7 Court Attendance Procedure
4.7.1 All officers are responsible for scheduling court cases and appearing at their designated time.
4.7.2 Officers must appear in court on all set cases and in cases where a subpoena or summons has been issued. In instances whereby officers are placed on “on-call” status by the court, he or she must provide the court with a reliable contact number (i.e. cellular telephone and/or residential telephone) other than their worksite.
4.7.3 Upon arrival at court, officers must complete Form APD 616 (Atlanta Police Department Sign-In Sheet), indicating their name, unique ID, assignment, courtroom #, arrival time and departure time.
4.7.4 Officers must remain in court until excused by the court. On-duty officers must promptly return to their assignment once excused from court.
4.7.5 Off-duty officers must complete Form APD 225 (Off Duty Court Appearance Time) and submit it to their immediate supervisor, upon return to active duty, to receive compensatory time.
4.8.1 When an officer is unable to attend due to training, circumstances beyond his or her control (i.e., an emergency, being on a call for service that shall significantly delay appearance in court, etc.), or other legitimate reasons, the officer must:
1. Contact the appropriate court prior to the scheduled court time.
2. On-duty officers must notify their immediate supervisor prior to the scheduled court time.
3. Provide the court with the scheduled court time, the reason for not being able to appear in court, their assignment, and a telephone contact number. Officers must document the date and time of the call and the person with whom they spoke.
3. Officers must be responsible for obtaining the reset court date and time.
4. Officers must submit in writing the reason for not appearing in court to their immediate supervisor on their next tour of duty.
4.8.2 When an officer is unable to attend court due to an extended leave of five days or greater, he or she must:
1. Complete Form APD 649 (Court Notification of Extended Leave) and submit copies to their immediate supervisor and to the Court Appearance Officer at least fourteen days prior to the start of the extended leave. The section commander has the discretion to accept Form APD 649 with less than 14 days notice due to extenuating circumstances. The officer should maintain a personal copy of Form APD 649 for at least sixty (60) days.
2. The Court Appearance Officer shall contact the courts and notify the court of the officer’s extended leave.
3. Submission of Form APD 649 does not relieve the officer from the responsibility of court appearance; only the court can excuse officers from attending court.
4.9.1 The Court Appearance Office shall monitor compliance with the court attendance procedure in all courts and receive from the courts all failure to appear summons for employees.
4.9.2 The Court Appearance Office shall notify section commanders if an employee under their chain of command receives a failure to appear summons.
4.9.3 Section or unit commanders shall initiate an investigation upon receiving notice of employees under their command receiving a failure to appear summons.
4.9.4 Section or unit commanders shall instruct an officer's immediate supervisor to conduct an investigation to determine whether an employee attended court.
4.9.5 The immediate supervisor shall determine whether the officer received a subpoena or summons.
4.9.6 The immediate supervisor shall write a summary of the facts gathered during the investigation, including the number of sustained FTA's the officer has accumulated within the previous eighteen months.
4.9.7 If the FTA is sustained, the supervisor shall initiate a complaint package as outlined in APD.SOP.2020 “Disciplinary Process.”
5.1 Case Officer: The arresting officer, or the investigator who takes responsibility for the preparation of the case for prosecution.
APD.SOP.3160 Court Responsibilities issued April 1, 2007 and signed April 3, 2007
APD.SOP.2020 “Disciplinary Process” Form APD 225 “Off Duty Court Appearance Time” Form APD 616 “Police Sign In Sheet” Form APD 649 “Court Notification of Extended Leave” |
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