B. Procedure

1. Agents subpoenaed into court during times conflicting with other court appearances, vacation, holiday, training, or other leave shall bring the conflict to the court liaison clerk's attention as soon as possible by completing the appropriate conflict form for Municipal court, DMV Hearings, out-of-jurisdiction subpoenas and Defense Subpoenas. For Jefferson County e-Subpoenas, agents will select �conflict� under the appropriate subpoena on the CDAC website and submit information regarding the conflict there. Each conflict shall be approved by a supervisor.

2. Sergeants shall be responsible for checking subpoena folders daily, as well as their email (for eSubpoenas) to ensure there has been proper distribution of subpoenas to their personnel.

a. If there is a subpoena for an employee who is on leave or otherwise unable to respond, the sergeant shall:

1) Complete a court conflict for the employee (either electronically or in paper form) and notify the Court Liaison, explaining the conflict and giving the dates of the employee's absence.

2) Check with the Court Liaison Unit and the affected employee to determine if a court conflict notice was submitted by the employee and logged by the Court Liaison Unit.

b. Each sergeant shall be responsible for his team members.

c. When a sergeant is on leave or otherwise absent he shall, prior to beginning the leave, arrange for another sergeant or acting supervisor to check the subpoena folders and email notifications on eSubpoenas as required by this section.

3. With regard to paper subpoenas, the court liaison clerk shall bring any conflicts to the appropriate agency's attention for resolution and then relay the response to the subpoenaed employee. If a conflict still exists, the subpoenaed employee shall present the conflict to his supervisor. Should an employee receive a subpoena prior to going on leave wherein a response to a court conflict is not likely in the time available, that employee shall inform the appropriate court and his supervisor. Agents will utilize the electronic system through CDAC to submit conflicts directly to the District Attorney�s Office for Jefferson County subpoenas.

4. Agents shall appear as subpoenaed unless notified to the contrary.

5. The Division of Motor Vehicle (DMV) will grant continuances or reschedule DMV hearings for police agents if the request is received at least two days before date of hearing. Requests shall be forwarded to the Court Liaison Unit. Agents shall attend DMV hearings unless a conflict exists with another court case or with scheduled leave.

6. The following procedures shall be utilized by the Court Liaison Unit and by employees in acceptance of subpoenas:

a. Subpoenas from defense attorneys and public defender's office:

(1) Police employees shall make themselves available while on duty to receive service of subpoenas issued by defense attorneys pertaining to traffic and criminal cases.

(2) Such subpoenas shall not be accepted by the Court Liaison Unit on behalf of an employee unless the court liaison clerk has first received the employee's permission to do so.

(3) Subpoenas must be hand delivered to the Lakewood Police Department for proper service. Any other method of service will not be accepted unless the police employee authorizes the Court Liaison Unit to accept the subpoena on their behalf by other means. If alternate means of service are not authorized, the Court Liaison Clerk shall advise the issuing entity that the subpoena has not been properly served and will not be accepted.

b. Civil subpoenas:

(1) Employees shall make themselves available while on duty to receive service of civil subpoenas to appear as a witness in cases, which involve a matter arising out of the course of employment.

(2) Such subpoenas shall not be accepted by the Court Liaison Unit on behalf of an employee unless the court liaison clerk has first received the employee's permission to do so.

(3) The Lakewood Police Department is under no obligation to advise the process server as to when an employee can be served with a subpoena, if the subpoena is for a matter, which does not arise out of the course of employment.

c. Subpoenas duces tecum:

(1) The Court Liaison Unit may accept a subpoena to testify and produce records that is addressed to the Records Section, Internal Affairs or the department.

(2) If the subpoena is directed to an employee to testify at a case that he/she has worked on, it shall be directed to the employee.

(3) If the subpoena involves a matter in which the department or departmental employees are being sued, the legal advisor shall be informed.

d. Lawsuits or civil complaints:

(1) Employees shall make themselves available while on duty to receive service of lawsuits or civil complaints, which involve conduct arising out of the course of their employment.

(2) Such lawsuits or civil complaints shall not be accepted by the Court Liaison Unit on behalf of an employee unless the court liaison clerk has first received the employee's permission to do so.

(3) Lawsuits against the City of Lakewood or the Lakewood Police Department shall not be accepted by the court liaison clerk. The process server shall be referred to the Office of the City Clerk.

(4) The Police Department shall be under no obligation to advise the process server as to when an employee can be served with a lawsuit, if the lawsuit does not arise out of the course of employment.

7. The following procedures are utilized for service of subpoenas to employees:

a. Jefferson County and District Court subpoenas:

(1) The employee will receive notification via email of a new e-Subpoena.

(2) Upon receipt of this email, employees shall log into the CDAC website and accept the subpoena.

b. City court subpoenas:

(1) The employee shall receive the City court subpoena.

(2) The employee shall retain the top portion of the City court subpoena and return the waiver of service to the Court Liaison Unit for processing.

(3) The Court Liaison Unit shall retain the waiver of service in the personnel files maintained by the Professional Standards Section.

c. Department of Motor Vehicles hearings:

(1) The employee shall receive 2 copies of the DMV Notice of Hearing.

(2) The employee shall retain one copy and sign the other copy that shall be returned to the Court Liaison Unit for processing.

(3) The Court Liaison Unit shall retain the signed copy in the personnel files maintained by the Professional Standards Section.

(4) Agents may request a phone hearing by utilizing the �Request to Appear by Phone for an In-Person Hearing� form. Agents shall complete this form and return it to the Court Liaison Unit for processing. If approved, the agent will receive email notification to call in at the designated time and date. If denied, the agent shall appear as requested.

8. In cases of scheduling conflicts between courts, the following priorities of appearance are established:

a. Federal Court

b. District Court

c. County Court

d. Municipal Court

e. Division of Motor Vehicle hearings

9. Agents are required to regularly check their email for notification of court cancellation or disposition so as not to appear unnecessarily on a case.

11. Agents approved for on-call status for preliminary hearings and jury trials in Jefferson County must have access to their email for notification of dismissal from the case unless prior arrangements have been made with Victim/Witness staff to notify them by phone. Agents must contact outside agencies or defense counsel when under subpoena for them to receive permission to be placed on-call. If granted, the agent will be on-call until notified otherwise. Agents will communicate directly with the Municipal Court attorney to be placed on-call for jury trials and, if granted, will be on-call until notified otherwise.

12. When an employee is unable to appear as subpoenaed, due to sudden illness or personal emergency, the employee shall immediately notify the appropriate court and an on-duty supervisor.

13. Upon receipt of a subpoena, the agent shall review his notes and copies of reports, summons, etc., in order to detect any problems that may affect the successful prosecution of the case. In the event a potential problem is detected, the agent shall contact the Offices of the City Attorney or District Attorney not later than one week prior to the trial date and arrange a time to discuss the case with the prosecuting attorney.

C. Rule

1. Department employees shall accept service of all subpoenas addressed to them, which arise out of their employment and shall comply with the instructions thereon except as otherwise ordered by the Chief of Police or with an approved conflict.

2. Agents shall appear in court to give testimony and other evidence at the specified time and place and dressed in uniform or appropriate civilian attire.

4. Agents shall check the subpoena folders and their email each working day and shall promptly sign/accept and return subpoenas to the Court Liaison Unit or via the CDAC website, whichever is applicable.

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