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SECTION: 218 COURT ATTENDANCE

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SECTION: 218

TITLE:       COURT ATTENDANCE/

                   RECOMMENDING SERVICES

EFFECTIVE DATE:  February 15, 2017

                                                       

PURPOSE:

 

This policy is establishes guidelines for court attendance.

 

POLICY:

 

An employee's field work often means little without effective court testimony. It shall be the policy of the Department that all employees will testify in court when summoned. Employees appearing in court will be professionally dressed and abide by the rules of the court in which they are testifying.

 

SCHEDULED APPEARANCE:

 

  1. When an employee is subpoenaed to testify, said employee, shall report to the court in a timely and prepared fashion.

 

  1. When an employee is working their assigned duty and the court allows an "On-

Call Status", the employee shall make the proper notifications to said court.

 

  1. Permission to be excused from a subpoenaed court appearance must be obtained from the prosecuting attorney handling the case. Should extenuating circumstances occur which will keep an employee from honoring his subpoena (illness, death in the family, training, etc.) it shall be the responsibility of the deputy to make notification to the court.

 

  1. In cases which require out of town court appearance, the employee's immediate supervisor shall be notified upon service of such subpoena, to allow changes in schedule.

 

 It will be the responsibility of the supervisor to notify the Sheriff of the subpoena and to request any needed schedule changes before there being made.

 

RELATIONSHIPS WITH COURTS AND ATTORNEYS:

 

  1. Employees shall not suggest, recommend, advise or counsel the retention of a specific attorney or bondsman to any person with the exception of an immediate relative, coming to their attention as a result of official business.

 

  1. Any employee who intends to appear voluntarily in court or who is subpoenaed

Or requested to testify in opposition to the interest of the Department, the State of Louisiana or the United States of America shall immediately notify the Sheriff Through the chain of command. The notification shall be within twenty-four (24) hours after said employee has been notified.

 

  1. Interviews between an employee and a defense attorney about a case arising

From the employee's employment by the Department shall be done in the presence of or with the knowledge or consent of the Prosecutor or Supervisor.

 

  1. Employees shall not volunteer to testify in civil actions.

 

  1. Employees who have had a suit filed against them whether in the scope of their

Employment or not, shall immediately notify the Sheriff in writing. If said suit is part of the scope of the employee's employment, a copy of the complaint shall be furnished to the Sheriff.

 

  1. Employees appearing to testify in any proceeding shall appear in full uniform

Or coat and tie for male employees or dress / pant suit for female employees.

 

  1. Employees shall remain in the courtroom while court is in session unless given

Permission by the court to leave. While in the attendance of court all employees will give their undivided attention and respect to the Court.

 

  COURT TESTIMONY PAYMENT:

 

        As provided, employees will be paid for their off-duty court appearance.

 

        No employee who is working his assigned duty, during a court appearance, shall

        Receive payment for his testimony.

 

 

 

RECOMMENDING OF BAIL BONDSMAN, ATTORNEYS & WRECKER SERVICES:

 

Employees of the Department shall not make any recommendations of Bondsmen, Attorneys, or Wrecker Services to any person coming to their attention as a result of their Law Enforcement duties.

 

  1. Upon a person requesting a bondsman, Attorney, or Wrecker Service the

Person making said request shall be provided with a phone book if possible for their personal use to locate a representative of the service they request.

 

  1. If the request is in the field (towing) and the deputy is unable to provide the

Person with the necessary resources to find a representative of the requested service, the next in line will be called on a rotational basis. Attorney and Bondsman request can be completed upon arrival to the Department.

 

  1. Employees cannot act as a bondsman according to law.

 

  1. Solicitation for any Bondsman, Attorney, or Wrecker Service is strictly prohibited and shall warrant disciplinary action.

 

 

 

 

 

 

 

In regards to: All Rules, Regulations, Policy & Procedures and Special Orders are at the discretion of the Sheriff based on departmental need and the severity of the infraction.