Chicago Police DepartmentGeneral Order G08-02
Court Attendance and Responsibilities
Issue Date:28 May 2015Effective Date:28 May 2015
Rescinds:20 November 2014 version
Index Category:Professionalism
I.Purpose
This directive:
  • A.describes the court appearance responsibilities of Department members.
  • B.introduces the Automated Court Notification Program.
Department members will refer to the Special Order titled "Court Attendance and Responsibilities" for more detail regarding the Court Notification Program.
II.Automated Court Notifications Program
The Automated Court Notification Program:
  • A.is a computerized system to communicate and track court notifications.
  • B.provides historical records for assigned officers' court notifications.
  • C.provides daily reports by unit, watch, and individual officer for a specific date range.
III.Court Attendance Responsibilities
  • A.A Department member whose appearance is required in any court or judicial-related proceeding will always obtain prior authorization. Members will record the corresponding Record Division Number and the Court Notification Record Number on the Overtime Compensatory Time Report (CPD-11.608) instead of attaching the subpoena or the court notification printout to the same.
  • B.Members scheduled to appear in Court Branch 66 will appear at the States Attorneys Office, Room 406, at 0930 hours on the scheduled date, unless another time is indicated when subpoenaed.
  • C.Members scheduled to appear at a Mayor's License Commission will appear in the Daley Center, at the time indicated on the notification.
  • D.Members scheduled to appear in any court, judicial, or administrative proceeding will comply with the court appearance procedures outlined in this directive and if scheduled to appear during nonduty hours, the Department directive entitled "Payroll and Timekeeping."
  • E.Members scheduled to attend Traffic Court will follow the sign-in procedures outlined in the Department directive entitled "Citing Traffic Violations and Attending Traffic Court."
  • F.Officers attending Central Bond Court-Branch 2 will sign in at Police Assembly Room 700-A and report to the State Attorneys Office located in Room 108.
  • G.When entering the court buildings located at Domestic Violence Court, the Daley Center, the Skokie Court Building, the Bridgeview Court Building, or the Department of Administrative Hearings, all officers must check their firearms in a secure locker with the Sheriff's or other designated security personnel in charge of the facility. This applies to every officer appearing as a witness, interested person, party, or arresting officer for any court or administrative proceeding in the facility.
    NOTE:
    Sworn members attending Traffic Court at the Daley Center are not required to check their firearms. However, sworn members are required to check their firearms when attending all other courtrooms within the Daley Center.
IV.Court Appearance Responsibilities
  • A.Arresting officers and investigating officers will:
    • 1.ensure that complainants and witnesses are notified of the proper location, time, and date their presence is required in court.
    • 2.be present on the specified court date in time for the scheduled court call hearing.
    • 3.appear in all cases when a summons or a subpoena has been issued for their presence or when the state's attorney has requested their presence for an interview unless otherwise directed by the unit commander or their designee. If subpoenaed or requested to testify for the defense, officers will make notifications as required by the Department directive entitled "Disseminating Information in Civil and/or Criminal Legal Actions and in Civil Suits Against Department Members."
      NOTE:
      When subpoenaed by the defense, officers will NOT provide the defense with any reports or records.
    • 4.bring complete and accurate reports, records (including Felony Minute sheet if required), and pertinent physical evidence to court. Officers will follow the procedures outlined in the Department directive entitled "Processing Property under Department Control" to sign-out evidence for presentation in court. Officers will be prepared to present the evidence and give accurate and impartial testimony.
    • 5.in cases involving juvenile arrestees who have been referred to court, contact the desk officer at the detention facility prior to the next session of Juvenile Court to determine if the juvenile arrestee has been detained. When it is determined that a juvenile has been detained, arresting officers will contact the Juvenile Court Team, Monday through Friday between 0900 and 1100 hours, to ascertain whether their presence is required for a detention hearing.
    • 6.A Department member whose appearance is required in any court or judicial proceeding will record the corresponding Record Division Number and the Court Notification Record Number on the Overtime Compensatory Time Report (CPD-11.608) instead of attaching a copy of the subpoena or the court notification printout to the same.
  • B.In court branches with assigned court section personnel, it normally will not be necessary for the arresting officer or investigating officer to appear in court for the following types of arrests:
    • 1.Any misdemeanor or quasi-criminal cases, unless the arresting officer has signed the complaint, received a subpoena requiring an appearance, or received a notification to appear from the Court Section.
    • 2.Misdemeanor or felony retail theft cases in which the arrest was made and complaints signed by security/store personnel and the arresting officer did not witness the offense.
    • 3.Any case heard in Central Bond Court. In addition, the complainants or witnesses need not appear at Central Bond Court.
      NOTE:
      In the court appearance exemptions enumerated in Items III-B-1 through 3, the arresting officer will include with the arrest report a photocopy of the appropriate case report along with any related court documents (felony minute sheets, copy of inventory, and so forth). Arresting officers will provide the complainant with the court information and will indicate on the last line of the Arrest Report narrative that they notified the complainant of the desired court date and location and advised the complainant to appear in court on that date.
    • 4.An arrest made on a warrant, unless the arresting officer has signed the complaint upon which the warrant was issued or has knowledge of the case which is material to the court hearing. The arresting officer will be notified of the court date if needed to appear.
      NOTE:
      When arrests are made on warrants and the arresting officers have no knowledge of the case, they will enter in the narrative portion of the Arrest Report, "Arresting officer will not appear, no knowledge of the circumstances of the case."
    • 5.When an arrest was made and the complaint was signed by a peace officer from a recognized police agency as defined in the Department directive entitled "Police Agencies Operating in the Chicago Area" in the course of their employment and the Chicago Police Department officer cannot give pertinent testimony regarding the incident.
    • 6.A traffic case on the day following the arrest in instances when the violator cannot post bond and the only charges are traffic charges.
    • 7.At a felony preliminary hearing court for a case in which the Grand Jury has indicted the arrestee for the offense prior to the hearing date.
    • 8.Members required to appear at the Department of Law, Corporation Counsel Office located at 30 N. LaSalle, will proceed to the reception area on the 8th floor to make a telephonic notification to the Court Section.
    • 9.At the conclusion of their testimony and upon being released by Corporation Counsel, members will proceed back to the reception area on the 8th Floor and make a telephonic notification to the Court Section.
      NOTE:
      If a member's court appearance goes beyond 1600 hours, they will make a telephonic notification to CPIC.
  • C.The arresting officer normally will appear to testify in all cases not specified in Item III-B of this directive.
  • D.In court branches with assigned court section personnel, other than Branch 66, only the arresting officer normally will appear.
    NOTE:
    If necessary, the investigating officer will forward any reports to the appropriate court or grand jury by messenger, mail, or fax.
  • E.When two or more officers make an arrest, the officer having court appearance responsibility for the case will enter their name in the box entitled "First Arresting/Appearing Officer" of the Arrest Report. The appearing officer will be the officer having sufficient knowledge to testify at the hearing. This officer will retain responsibility for the initial and all subsequent court appearances.
    • 1.When an officer responsible for attending court is unable to appear at a court or judicial-related hearing for any reason (i.e., furlough, medical roll, subpoena for another court), the officer will notify a supervisor in their unit of assignment as soon as the officer becomes aware of the inability to appear. The officer will provide the supervisor with all pertinent information regarding the case, including RD number, CB number, IR number, and the names of other arresting officers.
    • 2.When the arresting officer cannot anticipate the inability to appear in court, the officer will notify a supervisor in their unit of assignment at least one hour prior to the scheduled hearing. The officer will provide the unit supervisor with the name, if any, of the second arresting officer.
    • 3.A Grand Jury notification or subpoena does not necessarily negate an officer's responsibility for appearing in another court. If a Grand Jury notification/subpoena is received by an officer and the date/time is in conflict with another court appearance, the officer will contact the issuing assistant state's attorney to make a determination of the urgency of the Grand Jury case. If an alternate date or time cannot be set, the officer will notify a supervisor of the officer's unit of assignment as delineated in the above procedure.
      NOTE:
      When an officer has more than one court appearance scheduled for the same time, the conflict will be resolved according to the guidelines established in the Department directive entitled "Court Call Schedule."
  • F.Supervisor's Duties – Member's Unit of Assignment/Detail
    • 1.When the first arresting officer is unable to attend court, the district station supervisor/unit commanding officer will notify the second arresting officer of the responsibility to attend court. The supervisor will notify the appropriate court section personnel through the Automated Court Notification System, of the first arresting officers court absence and the second arresting officers court appearance.
    • 2.If a supervisor is unable to notify the second arresting officer or if there is only one arresting officer, the supervisor will inform the district station supervisor/unit commanding officer.
    • 3.The district station supervisor/unit commanding officer will ensure that:
      • a.The appropriate court is notified when an officer will not appear in court.
        NOTE:
        As soon as it is learned that an officer cannot appear at trial court located at  Cook County Criminal Courts facility. An immediate notification, using the Automated Court Notification System, to the trial court liaison is necessary to facilitate advance notice to the State's Attorney Office.
      • b.when a member is excused from appearing in civil court for any reason, the assistant corporation counsel handling a civil matter is notified immediately of the member's inability to appear at a court or arbitration hearing.
        NOTE:
        Immediate notification is necessary in such cases because, unlike most criminal and quasi-criminal matters, continuances are generally not granted if the motion for a continuance is made on the day of the hearing.
    • 4.All watch supervisors when receiving notice of a court absentee, will enter that absentee without delay into the Automated Court Notification System. The second watch district station supervisor will ensure that all court absence notifications are entered directly into the Automated Court Notification System, via CLEAR Applications. Refer to Page 5, of the Court Notification User Guide, in CLEAR Applications under Court Section.
      :
      If Automated Court Notification System, via CLEAR Applications is unavailable, then a telephonic notification is required. Anticipated late arrivals to court will require a telephonic notification.
    • 5.All court branches and locations NOT staffed by Chicago Police Department personnel, will require an entry into the Automated Court Notification System AND a telephonic notification to that court branch or location, when an officer will be absent. This procedure will refer to any location where a statement, testimony, or interview is required by Department personnel, such as:
      EXAMPLE:
      (1) Criminal Courts consisting of Bridgeview, Markham, Maywood, Rolling Meadows, and Skokie.

      (2) Bureau of Internal Affairs (BIA)

      (3) Chicago Housing Authority (CHA)

      (4) Corporation Counsel

      (5) Federal Court

      (6) Civilian Office of Police Accountability (COPA)

      (7) IDOC Parole Warrant Interview
  • G.If there is uncertainty as to the necessity for an arresting officer to appear in court or when more than one arresting officer may be needed to appear for the same case, the arresting officer's district station supervisor/designated unit supervisor will be consulted for a decision.
    • 1.If, at the time the arrestee is being processed, the district station supervisor determines the presence of an additional officer(s) is necessary for the initial court appearance, the officer(s) will be informed and the district station supervisor will record this information in the Arrest Report.
    • 2.If, at subsequent appearances, it is determined that the presence of an additional officer(s) is required (judge's orders, state's attorney requests, etc.), the officer(s) will be notified.
    • 3.Any Department member receiving a subpoena or notification that has not been entered into the Automated Court Notification Program (ACNP) will obtain authorization to appear from the district station supervisor/designated unit supervisor who will ensure that the subpoena or late notification is entered into the ACNP following unit procedures.
      NOTE:
      A Department member entering a notification of this kind will select "Y" in the "Notified" field, indicating the member has been notified.
  • H.After court appearance responsibilities have been determined, the appropriate box of the Arrest Report will be checked to indicate whether or not the court section personnel will handle the case in court.
  • I.Whenever members appear in any court branch to which a court section personnel is assigned, they will:
    • 1.upon arrival at the courtroom, log in with court section personnel.
    • 2.log out of all court hearings immediately upon the conclusion of their testimony and release by the Assistant State's Attorney/Corporation Counsel, an attorney whose subpoena they may be under, or Court Section Personnel when present. Officers will not remain in court pending the final disposition of the case. Final disposition of the case is no longer required for completion of the Overtime / Compensatory Time Report. Continuance dates, when available, should be entered on these forms.
      NOTE:
      No officer will log in or log out with court section personnel for another officer.
    • 3.inform the court section personnel when a case has been continued and the officer has received instructions from the assistant corporation counsel or assistant state's attorney that an appearance is not required on the next court date.
    • 4.inform the court section personnel when released by an assistant state's attorney or assistant corporation counsel prior to their case(s) being called.
      NOTE:
      Officers will not leave court prior to their case(s) being called without authorization from the court section personnel.
  • J.When officers must appear at a courtroom in the Criminal Court Complex, they will:
    • 1.report to the Police Assembly Room, Room 700A on the 7th floor of the Criminal Courts Building, and log in with court section personnel.
    • 2.when completing their duties and court section personnel are present, return to the Police Assembly Room and log out.
    • 3.when completing their duties and court section personnel are not present, notify Crime Prevention Information Center (CPIC) by telephone and provide the disposition and time out.
  • K.When the officer must appear in a court and no court personnel are present, the member will:
    • 1.notify the Court Section between 0800 hours and 1600 hours.
    • 2.notify CPIC between 1600 hours and 0800 hours.
    • 3.notify either the Court Section or CPIC (as appropriate) when the court appearance is completed.
    • 4.follow the guidelines outlined in the Department directive entitled "Municipal Administrative Hearings" when required to appear at an administrative hearing.
    NOTE:
    Department personnel will utilize a CPD Bell / PAX telephone to notify the Court Section, when available.
(Items indicated by italic/double underline were added or revised.)
Garry F. McCarthy
Superintendent of Police
15-047 TSS
PHONE BOOK:
1.
Cook County Criminal Courts facility
2600 S. California Ave Chicago, IL 60608-5146
773-674-2819 - Trial Court liaison