DGO3.08 "Court Appearances"

3.08.01 PURPOSE

This order outlines the rules and procedures for honoring subpoenas and court appearances.

3.08.02 POLICY

Employees of the Department must appear as directed by lawful subpoena, regardless of work status (e.g., suspension, disability, vacation, on or off-duty training, etc.).

Timely notice shall be given to the subpoenaing attorney for any appearance conflicts. While some conflicts may amount to legal unavailability, the existence of a conflict does not excuse an employee from a subpoena; only the subpoenaing attorney or court can excuse the employee.

Failure to appear in court when lawfully subpoenaed may result in a body attachment and is punishable as contempt, which can include a fine and imprisonment (Penal Code § 166(a)(4), Penal Code § 1331). While the Department (Court Liaison Unit (CLU)) will address unfounded body attachments and contempt proceedings, failures to appear with no valid legal justifications fall on the subpoenaed employee and are reviewed by Internal Affairs Division (IAD).

3.08.03 PROCEDURES

1. Appearances
   1. Court Attire
      1. On-Duty - Employees may appear in uniform or in business-professional attire (any coordinated ensemble of suit or sport coat with shirt and tie, sweater, blouse, collared shirt, skirt, tailored dress, or tailored slacks – not khakis/chinos/Dockers)
      2. Off-Duty – Employees may appear in uniform or business-professional attire.
      3. Jeans, polo shirts, and hooded sweatshirts shall not be worn.
   2. Sign-In - Sign the CLU log prior to court appearances at the Hall of Justice (HOJ), both in the morning and in the afternoon, whether on or off duty.
      1. Signing in for another employee is not permitted.
      2. Court compensation will not be approved without valid log signatures.

   3. Attorney Check-In - Upon arriving in court, meet with the subpoenaing attorney(s) and sign the Assistant District Attorney’s (ADA) sign-in sheet, where applicable.

      Only the subpoenaing party can release a witness. When subpoenaed by both parties, wait to be released by each party.

   4. Subject to Recall - After testifying, the court may order the witness to remain available for further testimony. Inform the court directly of any upcoming conflicts at the time of the order, coordinate contact and notice details with the attorney, and notify the CLU.

   5. Requests to Be Detailed - Employees appearing for both morning and afternoon sessions in full may request to be detailed for their next work shift instead of overtime when:

      1. Their previous shift ended at or after 0200 hours on the court date, AND
      2. Their next shift begins no later than 2359 hours on the court date.

      The employee’s OIC will verify eligibility and notify the CLU if approved.

2. Standby
   1. SFPD Court Standby - The CLU facilitates mandatory standby agreements for local criminal cases with both the prosecution and defense.
      1. San Francisco District Attorney (SFDA) “Telephone Standby” subpoenas are for after-hours check-in for jury trial updates/instructions and are valid for five (5) court days when trailing. Once out-to-trial, the subpoena remains valid until the trial concludes.
      2. Defense standby subpoenas are for after-hours check-in but are not limited to jury trials. They remain valid for a minimum of 14 court days. The CLU will notify members regarding extensions.
      3. The timeframes for checking the case status and leaving a record of check-in are after 1630 hours to 0900 hours (the next court date) for SFDA subpoenas and after 1645 hours to 0900 hours (the next court date) for defense subpoenas:
         1. Follow the instructions for appearing in court, contacting the attorney, or for the next check-in date when the status is, “Trailing.”
         2. Leave a new check-in record for each day specified until released.
   2. Telephone Standby In-Lieu of Personal Appearance - Telephone notification by agreement to appear in Court within a specified timeframe (Penal Code § 1331.5):
      1. Agreements made with a subpoenaing party for telephone standby in lieu of appearing are voluntary and are not the same as the SFPD Court Standby described above.
      2. The CLU does not facilitate standby agreements for out-of-county criminal trials or for any civil trials.
      3. Ensure that you understand all terms and conditions before signing or agreeing to telephone standby.
      4. Disobedience of a standby agreement is enforceable as disobedience of a subpoena.
3. Subpoenas
   1. Direct Delivery - Criminal court subpoenas delivered directly to a station/unit shall be honored and served if the member is working prior to the hearing date. Forward copies to CLU.
   2. Accepting Service
      1. Accept all personally served subpoenas and cancellations.
      2. Accept off-duty cancellations by phone for dates scheduled prior to return.
      3. Accept subpoenas served by phone when on Disability Pay (DP)/Sick Pay (SP)/ Family Medical Leave Act (FMLA) and medically able to appear in court.
      4. Check emails at least once per shift including overtime and training and accept all subpoenas and cancellations (sworn only).
      5. Acknowledge receipt of the subpoena per the email’s instructions (sworn only).
   3. Conflict Notifications
      1. Illness - As soon as possible, notify the CLU or via a supervisor if unable to attend court due to illness, injury, or another emergency. A physician’s note may be required to explain unavailability due to medical issues. If able, also notify the subpoenaing attorney.
      2. DP/SP/FMLA – Upon receipt of a subpoena for an employee on DP/SP/FMLA, the employees’ OIC will contact the employee to ask if they are medically able to testify.
         1. If medically able, ensure that the subpoena is served by phone or by directing the employee to appear at work to accept personal service.
         2. If not medically able, obtain a copy of the doctor’s certification and notify CLU by phone as soon as possible and forward a copy of the certification to the CLU Sergeant.
      3. Rescheduling or Excusal – If unable to attend court due to vacation, other leave, or out of county training, request rescheduling/excusal directly with the subpoenaing attorney. Include the nature of the conflict, dates affected, and location of any travel. Documentation may need to be provided to demonstrate, “Good Cause.” Note: Courts do not consider routine childcare needs to be “Good Cause.”
         1. SFDA – Notify the assigned ADA and DA’s Independent Prosecution Program (IPP) Unit via email.

         2. SF Traffic Court – Submit a Court Case Response Form (SFPD 506) to the CLU requesting continuance or case dismissal. Continuance requests must be made at least 10 court days before the hearing date. If notice is short, submit a dismissal request instead.

            For a Traffic Court absence, submit a memorandum through the employee’s OIC to the CLU requesting excusal and explaining the circumstances.

         3. Other – CLU will only notify the subpoenaing party of conflicts known at the time of subpoena delivery (noted on the subpoena). Resolve all other conflicts with the subpoenaing attorney directly and without delay.
      4. Local Training – Should not require rescheduling/excusal. Where possible, coordinate with the subpoenaing attorney to limit time away from training.
   4. Multiple Subpoenas - If multiple subpoenas fall on the same date and time, notify both attorneys for a determination on which hearing will take priority or is likely to proceed first.
   5. Subpoena Errors - If a subpoena indicates a court date on a Saturday, Sunday, or a legal holiday, seek clarification from the subpoenaing attorney.