PHILADELPHIA POLICE DEPARTMENT

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 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 22 10 Non- POLICE Related Court Appearances 23 APPENDIX A Absence/Lateness Excuse Codes/Definitions Issued Date: 09-04-12 Effective Date: 09-04-12 Updated Date: 12-07-16 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE SUBJECT: COURT NOTICES AND SUBPOENAS 1.

2 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.

3 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 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.

4 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. Issued Date: 09-04-12 Effective Date: 09-04-12 Updated Date: 12-07-16 DIRECTIVE - 1 *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.

5 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.

6 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.

7 4. Plainclothes and/or investigative positions are defined as: a. Detective Division personnel b. Civil Affairs personnel c. Office of Professional Responsibility personnel DIRECTIVE - 2 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.

8 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.

9 Any Commander who believes their c ommand 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 11-2. 2. 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.

10 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, ( , in person, email or phone). DIRECTIVE - 3 a. Commanding Officers will maintain a file of all sent e-mails 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.