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Atlanta Police Department

Field Operations Division

 

 

 

 

 

 

 

 

 

Division Command

Memorandum

 

Effective Date

October 15, 2011

 

APD.CM.11.13

Field Operations Division Issuance of Subpoenas

Applicable To: All FOD employees

Approval Authority:  Deputy Chief Ernest N. Finley

Signature:  Signed by ENF

Date Signed:  10/13/11

 

       

1.               PURPOSE

 

The intent of this directive is to establish a uniform procedure for employees of the Field Operations Division in receiving, routing, and processing subpoenas.

 

2.               POLICY

 

All commanders in the Field Operations Division shall adhere to the department’s established policies and procedures in handling subpoenas.

 

3.               RESPONSIBILITIES

 

3.1              Zone commanders are responsible for the timely pick up and proper routing of subpoenas under their command.

 

3.2              Watch commanders will distribute subpoenas to officers under his or her command.

 

3.2.1           Watch commanders will contact officers who are absent from duty if their appearance in court is required before his or her return to duty.

 

3.3              Supervisors will enforce the provisions of this command memorandum at all times.

 

3.4              All sworn personnel will check the subpoena log book daily and appear in the court designated by the subpoena.  Officers who cannot appear in court will notify the proper court personnel.

 

4.               ACTION

 

4.1              Zone commanders will designate an officer to pick-up the subpoenas.

 

4.1.1           Hard copy subpoenas will be picked up twice daily from the Field Operations Administrative Office.

 

4.1.2           Pick up times are; 9:00 am and 3:00 pm each day.

 

4.2              The designated officer will transport the subpoenas back to the office of the zone commander.

 

4.2.1           The zone commander will designate an employee assigned to his or her zone to check the zone’s Electronic Subpoena inbox on a daily basis.  The Electronic Subpoenas will be printed and separated for distribution.  An alternate designee should be selected to retrieve Electronic Subpoenas in the absence of the assigned employee.

 

4.2.2           The zone commander will designate an employee to sort and distribute all subpoenas to the watch commanders.

 

4.2.3           All subpoenas must be distributed to the watch commanders within 24 hours of their receipt in the zone commander’s office.

 

4.3             The watch commander will list each subpoena in the watch’s subpoena logbook. The subpoena logbook will be maintained only by a supervisor.

 

4.3.1          The logbook will contain the date and time the subpoena was logged in, the defendant’s name, officer’s name, the court, and the court date and time.

 

4.3.2          Officers’ will check the logbook prior to and/or after roll call and sign for the subpoena(s).

 

4.3.3          The supervisor will ensure that officers’ have signed and listed the date and time of receipt in the subpoena log book. This process will ensure accountability.   

 

4.4             Officers must honor all subpoenas.

 

4.5             Officers that will be on vacation or taking compensatory time will notify the courts utilizing form APD 649 (Officer unavailable for Court Form).

 

4.5.1           The supervisor will notify the appropriate court personnel if an officer cannot appear because of illness or injury.

 

5.               DEFINITIONS

 

                  N/A

 

6.               CANCELLATIONS

 

                  APD.CM.10.26 Field Operations Division Issuance of Subpoenas

 

7.               REFERENCES

 

                  APD.SOP.3160 Court Responsibilities