Procedure 311-Court Appearances Flashcards Preview

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Flashcards in Procedure 311-Court Appearances Deck (57)
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0
Q

.02. If members are needed to attend court, preliminary court proceedings, or pretrial conferences, they are:

A
  1. Subpoenaed.

2. Notified by the court liaison detail by computer generated notice, fax notice or telephone.

1
Q

.02. Courts in this agency’s jurisdiction utilize officers’ writtten reports, sworn statements, or complaints at…

A

Preliminary court hearings and arraignments in lieu of an officer’s presence.

2
Q

.02. Members subpoenaed or notified by the court liaison detail to attend court or pre-trial conference held in the Bexar county courthouse or justice center shell check in with the…

A

Court liaison detail prior to reporting to court or a pretrial conference.

3
Q

.02. Members attending all other courts signing with…

A

The court bailiff.

4
Q

.02. Officers provide verification of attendance in court by submitting court attendance cards signed by…

A

Court Liaison Detail Personnel.

5
Q

.02. Officers provide verification of attendance in a court or pre-trial conference by submitting a completed court attendance card signed by…

A

Court Liaison Detail personnel.

6
Q

.02. If an officer attends a court, a hearing, or a pre-trial conference at a location other than the Bexar County Courthouse, the Bexar County Justice Center, or the City’s MC, the officer shall write a report and attach it to the overtime card along with the notice to appear indicating:

A

a. The name of the court or hearing.
b. The dates and times.
c. The reason for attendance.
d. The name and phone number of a contact person from the court or hearing who can verify the officer’s attendance.

7
Q

.02. Off-duty members dismissed by a county or district court or after completing a pre-trial conference shall also checkout with the…

A

Court Liaison Detail.

8
Q

.02F. If a member is needed to testify in a proceeding, he is notified by (__ __ __ __) his attendance is necessary and shall fully cooperate with the directions of the (__ __ __).

A

(Court Liaison Detail personnel)

Court Liaison Detail

9
Q

.02F. When a member is required to attend two different courts at the same time, he attends the higher court and notifies
the…

A

lower court and/or Court Liaison Detail of his whereabouts.

10
Q

.02F. When a member is required to attend a court and a pre-trial conference at the same time, he attends court and notifies the…

A

Court Liaison Detail so the pre-trial conference can be rescheduled.

11
Q

.02G. Members do not testify in a civil proceeding unless they are properly subpoenaed by either the…

A

plaintiff or the defendant in the case.

12
Q

.03A. The Court Liaison Detail, located in the Bexar County Criminal Justice Center, is manned by…

A

members of the San Antonio Police Department.

13
Q
  1. Unlike municipal court subpoenas, which are RECEIVED by the member’s unit, subpoenas issued by District and Bexar County Courts are RECEIVED…
A

in the Court Liaison Detail, where they are then DIRECTED to the respective member’s unit of assignment.

14
Q

.04. All units maintain a subpoena log, which members check upon (__ __ __) to determine if they have any subpoenas.

A

(reporting for duty)

15
Q

.04. Members shall accept and sign for their subpoenas in the subpoena log and make the necessary return…

A

immediately upon receipt of a subpoena.

16
Q

.04C. Subpoenas issued less than six (6) days prior to the court date may be delivered by…

A

Bexar Cty deputy sheriffs.
Bexar Cty DA’s Office investigators.
Court Liaison Detail personnel.

17
Q

.04D. When a subpoena is issued for a date on which a member will be on vacation, the subpoena is immediately returned to the Court Liaison Office with…

A

notification the member is on vacation, with the beginning and ending dates of vacation.

18
Q

.04E. Once a member has received a subpoena, he shall not schedule…

A

Any type of leave for the date and time of the standby period.

19
Q

.04E The member may not schedule leave for the specified date and time if (__ __ __) or a (__) (__) contacts a member and places them on stand-by or advises them they are to appear in a court on a specific date and time,

A

(Court Liaison personnel) or a (judge) (verbally)

20
Q

.04E. To ensure the member has no subpoenas during the period of the requested leave…

A

A supervisor reviews the subpoena log prior to authorizing leave for members.

21
Q

.02G. Immediately upon receiving a civil subpoena, members shall notify their…

A

chain of command and contact the Legal Advisor’s Office to see if an attorney needs to review the civil case.

22
Q

.05A. May notify the court liaison detail when a member is needed to testify in court or attend a pretrial conference.

A

The District attorneys office or a judge may notify.

23
Q

.05A. This notification may or may not be associated with a prior issued subpoena.

A

Notification from District Attorney’s Office or a judge to the court liaison detail, a member is needed to testify in court or attend a pretrial conference

24
Q

.05B. When notified by the District attorney’s office or judge that a member is needed in court or at a pretrial conference, the court liaison detail will notify the member by..

A

– Telephone.
– Fax notice.
– Computer-generated notice.

(Court Liaison Detail-Notification Process

25
Q

.05B. When members received this notification, they will obey it in the same manner they would a subpoena.

A

– Telephone.
– Fax notice.
– Computer-generated notice.

26
Q

.05C. Computer-generated or fax notices are sent to the member’s (__ __ __) to be logged in the unit subpoena log by a (__ __).

A

(unit of assignment)

Supervisory officer

27
Q

.05D. Members confirmation of computer-generated or fax notices may be made after normal business hours by…

A

Court Liaison Detail answering machine.

Mobile Data Computer message directed to “CCL”.

28
Q

.04E. To ensure the member has no notifications during the period of the requested leave…

A

A supervisor reviews the subpoena log prior to authorizing leave.

29
Q

.05B. These are obeyed in the same manner as subpoenas, but are not returned when a member is on vacation.

A

– Fax notice.

– Computer-generated notice.

30
Q

.05B. Subpoenas are issued To place a member on (__ __). Notification Is used when a member is needed to (__) in court or (__) pretrial conferences.

A

(testify)

attend

31
Q

.06A. OFFICERS may be placed on standby only through a subpoena issued by…

A
  1. The State.
  2. In order from a judge.
  3. Notification from the DA’s office.
  4. Notification from Court Liaison Detail.
32
Q

.06A. Shall contact the Court Liaison Detail so the standby can be recorded, the standby hours verified, and the standby coordinated

A

The OFFICER, when a judge places an OFFICER on standby.

33
Q

.06A. When a prosecutor or defense attorney attempts to place a member on standby, the member shall notify the…

A

Court Liaison Detail and refer the prosecutor or defense attorney to do the same.

34
Q

.06B. Members receiving criminal subpoenas for district or county courts are placed on standby unless it is issued for the…

A

Defense.

35
Q

.06B. This is not a subpoena and does not require the member to be on standby.

A

A reset notice.

36
Q

.06C. A member on duty during standby lists the proper telephone number of the department and the extension where he may be reached on…

A

The “return”.

37
Q

.07A. Unlike subpoenas from county or district courts, subpoenas for members issued by Municipal Court are received by the…

A

respective members unit of assignment.

38
Q

.07C. DC/CC subpoenas are returned to court liaison office with notification if a member on vacation with dates. But before returning MC subpoenas, the…

A

the back Of the subpoena is completed by the member and signed by the member’s supervisor.

39
Q

.08A. OFFICERS failing to appear in court or who are tardy submit a written report to…

A

Their immediate supervisor.

40
Q

.08A. (__) forward a copy of the report, from an officer failing to appear in court or who was tardy, to the (__ __ __ __ __ __).

A

(Supervisors)

Office of the Chief of Police

41
Q

.08B. Determines whether the absence or tardiness this Tartabull for non-chargeable against the OFFICER.

A

The Office of the Chief of Police.

42
Q

.08B. Should the Office of the Chief of Police rule the absence or tardiness is chargeable; the officer shall…

A

Forfeit accrued vacation, holiday, or bonus day leave time.

43
Q

.08B. Chargeable court absence leave forfeiture on 1st violation:

A

4 hours

44
Q

.08B. Officers responsible for a chargeable court absence shall forfeit:

A

First violation-(4) hrs.
Second violation-(8) hrs.
Subsequent infraction any 6 mths Jan1-Jun30 /Jul1-Dec31(8) hrs w/other discipline.

45
Q

.08B. Chargeable court absence leave forfeiture For any subsequent violation in any six-month period from January 1 to June 30 and July 1 Dec 31st of each year is…

A

8 Hours with other disciplinary action.

46
Q

.08B. Officers charged with missing two or more court settings on the same day are penalized…

A

A maximum of eight hours of vacation, holiday, or bonus day leave.

47
Q

.08B. Officers responsible for a chargeable court tardiness shall forfeit:

A

(2) hours/first tardiness.
(4) hours/second tardiness.
(8) hours w/other discipline for subsequent tardiness in any (6) mth period from Jan1-Jun30 and Jul1-Dec 31 of each year.

48
Q

.08B. Officers responsible for a chargeable court tardiness shall forfeit for the second tardiness….

A

(4) Hours of accrued vacation, holiday, or bonus day leave

49
Q

Civilian members failing to appear in court or who are tardy submit written report to..

A

Their immediate supervisors. Supervisors for the copy of the report to their Division commander through their chain of cmd for possible disciplinary action.

50
Q

.09. A member who receives a subpoena from outside Bexar County shall immediately notify his…

A

Immediate supervisor and unit director in a written report.

51
Q

.09. Members scheduled on duty during the time of out of county court are placed on…

A

Administrative leave.

52
Q

.09. Members not on duty during the out of county court date are responsible for contacting the agency and securing the…

A

Necessary travel arrangements, as well as compensation, for responding.

53
Q

.10. Officers receive compensation for off-duty court appearances in the following:

A
  1. District courts.
  2. County courts at law.
  3. Grand juries.
  4. Justice of the peace courts.
  5. SA Municipal Courts.
  6. Civil service commission or arbitration hearing.
  7. TABC hearings.
  8. Federal courts.
  9. ALR Hearings.
  10. Pretrial conferences
54
Q

.10. Officers apply for compensation from the jurisdiction for which they testify when subpoenaed in these courts.

A

Federal court.

Jurisdiction outside Bexar County.

55
Q

.10. Any compensation received by an officer from federal court or any outside jurisdiction may be…

A
  1. Retained by the officer.

2. Surrendered to the CHIEF’s OFFICE or ACCOUNTING and PERSONNEL OFFICE in return for CT/OT.

56
Q

Officers receive compensation for off-duty appearances subpoenas at Civil Service Commission or arbitration hearings as follows:

A
  1. City – Same as court.

2. Respondent- 1 for 1-max 3 hrs.

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