Court Appearances and Court Compensation Pay

18-035

02/22/18

(Amends DGO 3.08 & Re-issue DB 13-210, DB

16-053,

and DB 16-13 1)

COURT APPEARANCES

As outlined by DGO

3.08,

a subpoena, whether civil, criminal or traffic, mandates your

appearance Appearing in court, whether in Criminal Court or Traffic Court, is your duty.

Department General Order 3.08 speaks to the member's responsibility to honor all subpoenas

mandating your appearance as directed from a competent authority.

Members appearing in court as a result of a subpoena shall, sign in at Court Liaison prior to

appearing in the assigned courtroom. Members shall check-in with the assigned District

Attorney, Defense Attorney (in the case of a. defense ubpoena), and/or Traffic' Court officer to

confirm your attendance and check your case status.

A member is not relieved from his/her subpoena appearance obligation until one of the following

actions are completed:

Dismissal of your case by a judge or court commissioner

Excused by the District Attorney or Defense Attorney (in the case of a defense subpoena)

Completion of your court testimony

Signing the roll sheet at Court Liaison does not meet the member's court appearance obligation.

An 'appearance' has not been satisfied until the member has personally signed into Court Liaison

and one or more of the above have been met.

Criminal and Traffic Courts monitor the attendance of officers under subpoena to court. Failure

to appear in court after being subpoenaed is a violation of DGO 3.08 and California Civil Code

Sections 1211 and 1212 and may result in a "body attachment" with accompanying fine and

disciplinary action. The responsibility to resolve any/all issued body attachments and any

accompanying fine rests with the member, personally. If unable to appear in court for any

reason, the member shall complete SFPD

506,

Court Case Response Form (Rev. 02/18), and

forward through the chain of command to the Court Liaison Unit (refer to Department General'

Order:3.08). Jn.the case of a Defense or Civil Subpoena, the member is to call the subpoenaing

party directly at the number provided on the subpoena regarding scheduling conflicts (SFPD

506

Court Case. Response form is not to be used'for Defense or Civil Subpoenas).

COURT

PREMIUM

COMPENSATION PAY

It is often the case that officers are required to appear 'in court outside their regularly' scheduled

tour of duty. In such cases, members are entitled to court premium compensation (overtime). In

order for court premium compensation requests to be processed, and compensation granted, the

following policies and procedures must be followed.

Page lof6

MORNING APPEARANCES

Morning court compensation requests are limited to no more than

three

(3) hours in duration

(depending on the time on the subpoena and the member's duty status). Each morning court

compensation request card shall be signed and dated by the attorney handling the case. If a

morning court case is continued to the afternoon, the member shall sign in again at the Court

Liaison Unit before going to the courtroom for the afternoon session. The member shall

complete a second court compensation request card which will be hour-for-hour until he/she is

released by the court.

Members will not be compensated for meal breaks. Members shall have the subpoenaing

attorney sign, date, and record the ending time on the back of the second court compensation

request card. The member shall then bring the morning and afternoon court compensation

request cards and the subpoena to the Court Liaison Unit where the afternoon card will be time-

stamped by Court Liaison staff member.

In the event that a member is subpoenaed to a DMV hearing, a Parole Board hearing or a

criminal case held outside of the San Francisco Hall of Justice, the above procedures shall be

followed except that members will not be required to sign in at the Court Liaison Unit before

court attendance, nor will they be required to have their second court compensation request card

time stamped at the Court Liaison Unit. However, members shall have the subpoenaing party

sign and date their court compensation request cards and/or subpoena and record the ending time

on the cards and/or the subpoena. The Court Liaison Unit will follow up with outside

jurisdictions to confirm times and appearances.

AFTERNOON APPEARANCES

A member subpoenaed to court for just the afternoon hours shall sign in at the Court Liaison

Unit before going to the courtroom. Such court compensation requests shall be limited to no

more than three (3) hours in duration (depending on the time on the subpoena and the member's

duty status). If the afternoon court appearance runs longer than three hours, the member shall

complete a second court compensation request card which will be hour-for-hour until he/she is

released by the court.

Members shall have the subpoenaing attorney sign, date and record the ending time on the back

of the second court compensation request card. The member shall then bring both court

compensation request cards and the subpoena to the Court Liaison Unit where the second card

will be time-stamped by a Court Liaison staff member.

A member may have morning court and afternoon court subpoenas on different cases.

Regardless of whether the morning and afternoon appearances are for the same or different

cases, the above policies still apply.

If a member is held over in court while appearing during a regular on-duty shift, and the court

appearance exceeds the regularly scheduled ending time of the member's tour-of-duty, then the

member is eligible for court compensation pay for the time beginning at his/her normal sign-off

time until the return time back to the Court Liaison Unit. Such cards require a time stamp from

the Court Liaison Unit and the signature, date and ending time from the attorney, bailiff, or court

Page 2 of 6

clerk. Members are not eligible for compensation for travel time to return to their assigned

station or unit.

Members shall not sign in at the Cowl; Liaison Unit for one another, nor shall they submit court

compensation requests for one another. When applicable, each member must sign in and submit

his/her requests in person.

TRAFFIC COURT

Members are required to sign in on the Court Liaison "sign-in" sheet for all traffic court

appearances. Members shall make sure that the citation number is on the back of their submitted

Court Compensation Request card for all traffic court appearances.

Members requesting dismissal of their traffic court ease shall do so using SFPD

506,

Court Case

Response Form (Rev. 02/18). Members will not be compensated for their appearance in Traffic

Court when they request dismissal of the case due to the inability recalling the incident.

If unable to appear in court for any reason, the member shall complete SFPD

506,

Court Case

Response Form, and forward through the chain of command to the Court Liaison Unit at least ten

days prior to the court date. Effective immediately, SFPD

256 SFPD Dismissal Request,

discontinued. All paper copies shall be recycled.

STANDBY JURY TRIAL SUBPOENAS

A member receiving a jury trial standby subpoena shall follow the instructions on the subpoena

regarding check-in times and whether his/her appearance is required.

Members receiving a jury trial standby subpoena will now check the status of the case via the

CCSF District Attorney's website:

using a CCSF internet

connection or department issued mobile device. Off duty members can use department issued

mobile device or any device of your choosing such as a home internet connection. The website

will provide instructions as to whether the case has been continued or trailing.

The stand-by & check-in procedures do not allow members to check-in for other members except

for those off-duty and without .access to an internet, department issued mobile phone or any other

method Of checking into the DA website. For those, the procedure for status & check-in will

require members to call their assigned district station and request status or check-in, as stated

above, through the on-duty Station Duty Officer. Members not assigned to a district station shall

contact DOC at

and make a request through the on-duty officer at DOC.

If the case has been continued, if the defendant has plead guilty, or if a bench warrant has been

issued, the member shall receive two (2) hours of standby compensation provided that he/she is

off-duty during the entire time frame for call in as printed on the subpoena. If the case is trailing,

the member shall follow the instructions on the DA website. These instructions will tell the

member the next date and time when they are required to check the case status on the DA

website again or when they are to call the specific attorney handling the case and leave contact

information. Trailing case subpoenas are valid for five

(5)

court days unless otherwise instructed

by the SF District Attorney's Office or the Court Liaison Unit. The subpoenaing party will issue

a new subpoena if necessary.

Page 3 of 6

Members placed on court standby without appearing in court will receive two (2) hours of court

premium pay only if they are off-duty during the entire call in period listed on the subpoena.

On-duty time includes any regular time or overtime worked (lOb overtime and on-call pay are

also included).

The instructions on the "Law Enforcement 'Subpoena Check-in" on the DA website will direct

members to leave their name and star number, the defendant's name, court date, and the police

incident number to verify their standby check-in. Members who fail to leave this information are

subject to disciplinary action for failing to honor the subpoena in accordance with Department

General Order 3.08 (Court Appearances by Members). The DA's

IPP

Unit will audit the check-

in records to verify that members have met the requirements of the standby subpoena and are

eligible for compensation. Members who fail to leave the required information will not receive

court compensation (This is Step

in the B-subpoena guideline, after checking the case status in

Step 4).

For the purposes of court premium pay compensation, the only standby time period shall be from

1630 hours to 0900 hours the following day. The court compensation request card shall be

written for the exact time frame for check-in as printed on the subpoena.

To account for

legal holidays or court closure days, the standby period will begin at 1630 hours on the last day

that the court is open and end at 0900 hours on the next day that the court is open. Weekend

standby times are Friday 1630 hours to Monday 0900 hours (if the Monday is a legal holiday or a

court closure day, see above).

Members shall not make agreements with subpoenaing parties for any other standby time frame

(i.e. 0900-1100).

Members are cautioned when agreeing to be placed on standby status for the District Attorney

when their original subpoena is for an appearance as their eligibility for compensation may be

affected. Members must have a subpoena that matches the type of compensation requested on

their card (i.e standby or appearance). Members shall not be compensated for telephone calls

with a District Attorney.

Members will not receive compensation for standby agreements made with any outside agency

or attorney (e.g., out of county, federal case, and civil case), unless approved by the Court

Liaison Unit.

For defense subpoenas, members shall call the voice mailbox at

during the

designated dates between

1645

hours and 0900 hours for instructions. If the case has been

continued or if it is not mentioned, the member shall receive two (2) hours of standby

compensation provided that they are off-duty during the entire time frame for call in printed on

the subpoena. Members shall follow theinstructions on the voice recording.

Per DGO 3.08, Section H. D. 7, any member who receives a defense subpoena for a criminal

proceeding, either from the Public Defender's Office or a private attorney, shall immediately

notify his/her commanding officer by completing SFPD form 251, Defense Subpoena Form.

Members shall complete the form in its entirety and attach a copy of the subpoena to the form.

Page 4 of 6

Commanding Officers shall forward the completed form through the chain of command to the

Court Liaison Unit.

Note that Defense subpoenas can be served upon Court Liaison with as little as

court days to

notify the member of the appearance or call in date (in the case of a standby subpoena). Prompt

service of these subpoenas ensures that members have adequate time to plan for their appearance

and prevents Defense Attorneys from attempting personal service.

The court compensation request card shall be written for

the exact time frame for call in as

printed on the subpoena.. Defense trailing case subpoenas are valid for fourteen (14) court days

after the date on the subpoena, but can be extended if the case goes to trial. The defense attorney

will issue a new subpoena, if necessary.

DISTRICT ATTORNEY CONFERENCES

Compensation requests for conferenees,with an Assistant DA shall be submitted on SFPD form

#289 which is the salmon colored card, rather than on SFPD form

#175

vihich is the pink

court

compensation request. This SFPD form #289 is submitted to the member's OIC at the home unit

for approval.

If the DA conference is on the same day as the member's appearance in court for the same case,

the compensation request is submitted on a pink court compensation request (SFPD

175)

to the

Court Liaison Unit. This court compensation request requires the date, time and signature of the

Assistant DA and must be attached to the same day subpoena. Members shall not be

compensated for telephone calls with a District Attorney.

There shall be no compensation for members attending conferences on a criminal matter with

any Attorney other than an attorney from the S.F. District Attorney's Office.

COURT

STANDBY IN CIVIL CASES

Government Code section 68097.2 states that peace officers are entitled to court overtime

compensation only if obliged by subpoena to actually attend as a witness. Members are not

entitled to court compensation premium pay in civil matters when the officer has agreed with a

private attorney to be placed on standby status. Members may refuse standby status and demand

anew subpoena be issued that compels attendance at a specific time.

IMPROPERLY COMPLETED OR DENIED COURT COMPENSATION

REQUESTS

If a Court Compensation Request card is improperly completed, the Court Liaison Unit shall

return the card to the submitting member with a written explanation for the card's rejection,

along with the corrective measures required for the card to be accepted. Court Compensation.

Request cards that do not and will not qualify for compensation will be denied and retained at the

Court Liaison Unit. A written explanation for the denial shall be sent to the submitting member

with a photocopy of the denied Court Compensation Request card attached.

CANCELLED COURT CASES

No court premium compensation will be approved for any subpoena cancelled by the

subpoenaing party or by the DA's IPP Unit prior to the court date. When the Court Liaison Unit

Page 5 of 6

is notified that a subpoena is cancelled, the unit will fax a court cancellation form to the affected

member's unit and confirm its receipt.

Upon receipt of the

court

cancellation notification, Platoon Commanders and Officers-in-Charge

shall promptly comply with DGO 3.08 ILD.2.b which requires the following:

"If a court cancellation form is received, but the member is off duty and will not return to duty

prior to the court date, the Lieutenant will attempt to notify the member at home. If the

notification is made by telephone, the Lieutenant will indicate on the cancellation form that the

member was notified along with the date and time of notification. Notified officers will not

receive compensation for attending canceled court cases."

ADDITIONAL POLICIES AND PROCEDURES

Members are required to attach a copy of the subpoena to the Court Compensation Request card.

Any card turned into Court Liaison without an attached subpoena shall be returned to the

submitting member and not certified until it is received with a copy of the subpoena. The name

and star number listed on the Court Compensation Request card

must

match the name and the

star number listed on the subpoena in order to be certified.

Members assigned to the Airport Bureau shall follow San Mateo County procedures where

applicable.

WILLIAM SCOTT

Chief of Police

Per DB 17-080, both sworn and non-sworn members are required to electronically acknowledge

receipt and review of this Department Bulletin in

HRMS.

Page 6 of 6