Court Appearance

Policy Properties

• Scope: All Employees
• Chapter: 2 Personnel Services
• Distribution: Policy Manual
• Reference: Policy 2.4.4, Policy 2.1

Purpose

The purpose of this policy is to establish guidelines for University officers and employees for scheduling, preparing for and testifying in court cases resulting from performance of their official duties.

Policy

The success of a criminal prosecution is determined not solely by the quality and quantity of evidence but by the manner in which it is presented by court officials. An employee's appearance, demeanor, attitude and ability to accurately convey evidence in a fair and professional manner are essential in efforts to bring a criminal prosecution to a just conclusion. Therefore, it is the policy of this agency that employees adhere to court scheduling, preparation, appearance and testimonial guidelines provided herein.

Procedure

A. Subpoenas or other compelling legal documents

1. Any employee who receives a notice of a subpoena or other compelling legal document shall forward it to their supervisor and whomever is the maintainer of the department schedule. 
2. Receiving supervisors are responsible for timely employee notification of subpoenas or other compelling legal documents and shall ensure that:
   1. a hard copy of the document shall be placed in the employees mailbox/document tray in a conspicuous manner
   2. an electronic copy shall be sent employee as well as the schedule maintainer.
3. All employees shall accept service and shall appear in the designated place at the time required. Avoidance of service or appearance is strictly prohibited.

B. Preparation for trial

1. Employees shall fully cooperate with requests from the prosecutor in preparation of cases for any judicial activity.
2. Prior to trial, employees shall review any permitted case documentation to ensure that they are completely familiar with the facts involved.
3. Employees are prohibited from communicating with any member or representative of the defense without express approval of the prosecutor's office or being required by law.

C. Court Attire 

1. Officers shall conform to Policy 2.4.4 Uniforms, Equipment and Appearance policy.
2. Non-Sworn employees shall appear in appropriate clothing, with a minimal acceptable standard of business casual as defined in 2.4.4 Uniforms, Equipment and Appearance policy.

D. Scheduling for Court or Administrative Processes with Testimony

1. Any supervisor or schedule maintainer is permitted to change an employee's schedule, with minimal or no notice, to accommodate a legally compelling document in accordance with policy.
   1. A supervisor may modify the schedule of officers who are not summoned to accomplish minimal patrol staffing, in accordance with policy 2.1 Shift Selection and Schedule.
2. Officers will be in duty status when testifying within Brown county and
   1. when possible, officers will testify during their regularly scheduled hours.
   2. if court is scheduled outside of an officer's duty hours their schedule should be changed only as necessary to accommodate their legal obligation.
3. Officers who are compelled for criminal judicial activity outside of Brown County are permitted to
   1. be considered on duty while on location and being legally compelled to be present.
   2. be compensated for time spent traveling to the jurisdiction, with a maximum of one hour.
   3. be compensated for time spent traveling back from the jurisdiction, with a maximum of one hour.
   4. use a department owned vehicle for transportation, with the approval of a Lieutenant or higher supervisor so long as it does not interfere with patrol operations.
4. Employees who are legally compelled are responsible for periodically checking the case's status to ensure their appearance is still required.
5. Officers shall notify their supervisor AND the schedule maintainer of any changes to their appearance as soon as practical, but no later than the completion of their next duty shift.