Chicago Police DepartmentSpecial Order S08-02
Court Appearance, Notification, and Attendance Responsibilities
Issue Date:29 January 2019Effective Date:29 January 2019
Rescinds:28 May 2015 Version; G08-02; S08-02-01; S08-02-02; S09-03-03
Index Category:Professionalism
I.Purpose
This directive:
  • A.continues the Automated Court Notification Application and the court notification process.
  • B.describes court notification, attendance, and appearance responsibilities of Department members.
  • C.includes a listing of court check-in locations.
  • D.introduces the electronic Court Deviation process via the Automated Court Notification Application.
II.Automated Court Notification Application
The Automated Court Notification Application can be found in the CLEAR system under the Court Section, and:
  • A.is a computerized system to communicate and track court notifications, attendance, and deviations.
  • B.provides access to daily reports by unit, watch, and individual member for a specific date range.
  • C.provides historical records for assigned member's court notifications.
  • D.provides for the electronic processing of Court Deviations.
III.Court Appearance Responsibilities
  • A.In court branches with assigned Court Section personnel, it normally will not be necessary for the arresting or investigating member to appear in court for the following types of arrests:
    • 1.Any misdemeanor or quasi-criminal cases, unless the arresting member 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 member 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-A-1 through 3, the arresting member 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 members 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 member 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 member will be notified of the court date if needed to appear.
      NOTE:
      When arrests are made on warrants and the arresting members 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 member 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.
  • B.In court branches with assigned Court Section personnel, other than Branch 66, the arresting member normally will appear to testify in all cases not specified in Item III-A of this directive.
    NOTE:
    If necessary, the investigating member will forward any reports to the appropriate court or grand jury by messenger, mail, or fax.
  • C.When two or more members make an arrest, the member having court appearance responsibility for the case will enter their name in the box entitled "First Arresting" of the Arrest Report. The appearing member will be the member having sufficient knowledge to testify at the hearing. This member will retain responsibility for the initial and all subsequent court appearances.
  • D.If there is uncertainty as to the necessity for an arresting member to appear in court or when more than one arresting member may be needed to appear for the same case, the arresting member's watch operations lieutenant/designated unit supervisor will be consulted for a decision.
    • 1.If, at the time the arrestee is being processed, the watch operations lieutenant/designated unit supervisor determines the presence of an additional member(s) is necessary for the initial court appearance, the member(s) will be informed and the watch operations lieutenant/designated unit supervisor will record this information in the Arrest Report.
    • 2.If, at subsequent appearances, it is determined that the presence of an additional member(s) is required (judge's orders, state's attorney requests, etc.), the other member(s) will be notified.
  • E.After court appearance responsibilities have been determined, the appropriate box on the Arrest Report will be checked to indicate whether or not the Court Section personnel will handle the case in court.
  • F.Members appearing in court who receive information that a case has been continued or transferred will retain appearance responsibility. Additional notifications are required for each subsequent scheduled appearance. In those instances where there is insufficient time to generate an automated notification, members will immediately notify the watch operations lieutenant/designated unit supervisor to obtain approval to appear.
  • G.When a member 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 Case Priority Listing Matrices"
    NOTE:
    A Grand Jury notification or subpoena does not necessarily negate a member's responsibility for appearing in another court. If a Grand Jury notification/subpoena is received by a member and the date/time is in conflict with another court appearance, the member 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 member will notify the watch operations lieutenant/designated unit supervisor of the member's unit of assignment as delineated in the above procedure.
  • H.Arresting and investigating members will ensure that complainants and witnesses are notified of the proper location, time, and date their presence is required in court.
    NOTE:
    Department members may refer to the Department directive entitled "Court Branch Assignment Schedule" for specific court branch locations and court call times.
IV.Court Notification Process
  • A.The Commanding Officer, Court Section, has overall responsibility of and authority over the Automated Court Notification Application, including the Court Deviation application, and will coordinate the implementation, management, and monitoring of the process Department-wide.
  • B.The Records Division will:
    • 1.continue to receive all subpoenas delivered to the Department.
    • 2.forward all subpoenas requiring appearances by Department members to the Court Section for entry into the Automated Court Notification Application, except those subpoenas that have checks attached.
  • C.The Commanding Officer, Court Section, will:
    • 1.designate members to enter all subpoenas received into the Automated Court Notification Application.
    • 2.ensure all court notifications, including subpoenas requiring officers to provide a statement, testimony, or interview, are entered into the Automated Court Notification Application by Court Section personnel.
    • 3.ensure all subpoenas are retained in accordance with the current Forms Retention Schedule (CPD-11.717) for the Court Notification Book.
  • D.For additional information on the Automated Court Notification Application, the Department members will refer to the Help Documentation provided by the Information Services Division located under the "Help & User Guides" icon on The Wire.
  • E.Unit commanding officers will:
    • 1.ensure that Department members are notified of court appearances consistent with the procedures outlined in this directive.
    • 2.designate personnel under their command to be trained on and provided access to the Automated Court Notification Application.
  • F.COURT NOTIFICATIONS
    • 1.Department members will be notified of all scheduled court appearances via the Automated Court Notification Application. Subpoenas and other notifications received by telephone, facsimile, or mail will be entered into the Automated Court Notification Application by the appropriate unit personnel designated by the unit commanding officer for all appearances in court, administrative hearings, pretrial conferences, and other judicial-related matters.
    • 2.Any Department member receiving a subpoena or notification that has not been entered into the Automated Court Notification Program will obtain authorization to appear from the watch operations lieutenant/designated unit supervisor who will ensure that the subpoena or late notification is entered into the Automated Court Notification Application 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.
    • 3.When required to make a notification, Court Section personnel will enter the court appearance data into the Automated Court Notification Application.
    • 4.The member designated to manage the Automated Court Notification Application at the unit-level will:
      • a.print a Daily Court Notification Report each day.
      • b.forward the Daily Court Notification Report to the respective watches.
      • c.forward any subpoenas received to the affected member.
      • d.enter all notifications received directly at the unit and have not been processed by the Court Section into the Automated Court Notification Application.
      • e.print the Court Notification By Unit / Court Date Range Report as needed and post the report in a prominent place.
        NOTE:
        The Court Notification By Unit / Court Date Range Report (CPD-21.608C) is accurate on the date and time it is printed. Notifications received after the report has been printed will not appear on the printout.
      • f.ensure that all Court Notification Records entered into the Automated Court Notification Application for members who have been transferred or are being detailed to other Department units are electronically transmitted to the member’s new unit on the Wednesday prior to the period change day.
        NOTE:
        If a member is detailed to another unit in the middle of a police period, the member’s court notifications will be forwarded electronically or printed and forwarded via Department mail without unnecessary delay.
      • g.establish telephone contact with the new unit’s administrative office to ensure that they have received court notification data for the member if the court notification is for an appearance in less than eight days.
        NOTE:
        Court notifications cannot be deleted from the automated program. The system default is an “N.” Whenever a member is notified of a scheduled court appearance, the “N” is changed to a “Y.” When it becomes necessary to administratively close a court notification, an “X” is entered into the program.
      • h.receive the Daily Court Notification Report from each watch on a daily basis to update the Automated Court Notification Application.
        NOTE:
        When the Daily Court Notification Report is marked “entered in court absence book,” the automated report is updated to reflect this transaction by placing an “X” in the “Notification Made” field on the update screen, and the officer’s name will not appear on the daily printout again. A new notification will be created for the appearing partner.
    • 5.Using the Daily Court Notification Report from the Automated Court Notification Application, the watch operations lieutenant/designated unit supervisor will:
      • a.ensure court notifications are given to members in a timely manner. When unable to notify a member, the watch operations lieutenant/designated unit supervisor will ensure that the appropriate court or the Department of Administrative Hearings is informed that the member was not notified and determine if another member may appear instead.
      • b.notify members of scheduled court date(s) and sign, date, and enter their star numbers on the Daily Court Notification Report to indicate that the notification has been made.
        • (1)The Daily Court Notification Report will only contain the names of those members for whom a court notification has been received and the member has not been previously notified or otherwise excused for that court appearance.
        • (2)The Daily Court Notification Report will be returned to the unit commanding officer's office every day (except weekends and holidays) once notifications have been made for update into the automated system. Reports from weekends and holidays will be returned to the unit commanding officer's office on the next regular scheduled work day.
  • G.COURT ABSENCES
    • 1.Department members who can anticipate an absence from a court, judicial or administrative hearing (i.e., furlough, medical roll, subpoena for another court), will notify the watch operations lieutenant/designated unit supervisor in their unit of assignment as soon as the member becomes aware of the inability to appear.
    • 2.Officers who cannot anticipate their absence and are unable to attend court, judicial or administrative hearing, will notify a supervisor in their unit of assignment as soon as possible prior to the scheduled hearing.
    • 3.Department members who anticipate a late arrival to a court, judicial or administrative hearing will contact their watch operations lieutenant/designated unit supervisor in their unit of assignment as soon as possible. The notified supervisor will make a required telephonic notification to the appropriate court.
    • 4.When a supervisor receives a notification of a member's authorized absence from court, a supervisor will:
      • a.enter the authorized absence without delay into the Automated Court Notifications Application.
      • b.notify the second arresting member of the responsibility to attend court, if appropriate.
      • c.notify the appropriate Court Section personnel through the Automated Court Notification Application of the first arresting member's court absence and the second arresting member's court appearance.
    • 5.The watch operations lieutenant/designated unit supervisor will ensure that all court absence notifications are entered directly into the Automated Court Notification Application, via CLEAR Applications.
      NOTE:
      If Automated Court Notification Application, via CLEAR Applications is unavailable, then a telephonic notification is required.
    • 6.Required Telephonic Notifications
      • a.All Court branches, judicial and administrative hearing locations not staffed by Court Section personnel will require an entry into the Automated Court Notification Application and a telephonic notification to that court branch or location, when a member will be absent. This procedure will be followed for any branch or location where a statement, testimony, or interview is required by Department personnel, including:
        • (1)Federal Court
        • (2)Corporation Counsel's Office
        • (3)Civilian Office of Police Accountability (COPA)
        • (4)Bureau of Internal Affairs (BIA)
        • (5)Criminal Courts consisting of Bridgeview, Markham, Maywood, Rolling Meadows, and Skokie.
        • (6)Illinois Department of Corrections (IDOC) Parole Warrant Interview
        • (7)Chicago Housing Authority (CHA)
      • b.As soon as it is learned that a Department member cannot appear at trial court located at the Cook County Criminal Courts facility, the supervisor will make an immediate notification to the trial court liaison to facilitate advance notice to the Assistant State's Attorney.
      • c.Any private attorney listed on the court notification should be telephonically notified immediately of the member's absence.
      • d.When a member is excused from appearing at civil court for any reason, the supervisor will notify the assistant corporation counsel handling the civil matter of the member's inability to appear at the court or arbitration hearing.
        NOTE:
        Telephonic notification may be necessary to ensure immediate notification in civil court or an arbitration hearing in addition to the Automated Court Notification Program. Continuances are generally not granted if the motion for continuance is made the day of hearing.
  • H.DEVIATION PROCESS
    • 1.To effectively initiate, process, investigate, and manage court absences and deviations, the Department has developed an electronic Court Deviation process via the Automated Court Notification Application in the CLEAR system.
    • 2.The Commanding Officer, Court Section, will ensure that Court Deviations are initiated and processed, as appropriate, according to the procedures outlined in this directive.
    • 3.District commanders/unit commanding officers will:
      • a.monitor the Court Deviation process within their unit to ensure that it is administered fairly and equitably by supervisors under their command.
      • b.review Court Deviation investigations submitted by designated supervisors under their command and indicate approval, when appropriate, with the investigation results. If the district commander / unit commanding officer:
        • (1)approves a Court Deviation investigation, the investigation will submitted to the appropriate Deputy Chief for final approval.
        • (2)does not approve the Court Deviation investigation, the investigation will be returned to the appropriate unit supervisor for additional information supporting the investigation or revisions, as necessary.
      • c.designate the appropriate unit supervisor to oversee the Court Deviation process and approve Court Deviation investigations for each watch.
    • 4.Designated unit supervisors will:
      • a.oversee the Court Deviation process for their watch, including ensuring that:
        • (1)the Automated Court Notification Application is accessed daily to identify Court Deviations that require unit action (e.g., investigator assignment, review and approval).
        • (2)Court Deviation investigations are processed via the Automated Court Notification Application in the CLEAR system and are forwarded to the district commander/unit commanding officer for review.
      • b.assign watch supervisors to investigate Court Deviations initiated by the Court Section for personnel under their command.
      • c.review Court Deviation investigations submitted by designated supervisors under their command and approve the investigation results, when appropriate.
    • 5.Supervisors assigned to investigate a Court Deviation will:
      • a.be notified by the designated unit supervisor of Court Deviation investigations to which they have been assigned.
      • b.conduct Court Deviation investigations consistent with current procedures and the procedures outlined in this directive. The investigating supervisor will use the Automated Court Notification Application to:
        • (1)document their investigation and any reply to the deviation in the "Reply" section of the Court Deviation application.
        • (2)when appropriate, record any Summary Punishment Action Request (SPAR) number obtained as a result of the investigation.
        • (3)upload any attachments related to the investigation, if necessary.
      • c.submit the completed Court Deviation investigation via the Automated Court Notification Application and notify the designated unit supervisor that the Court Deviation investigation has been submitted for review and approval.
    • 6.Deputy chiefs will review Court Deviation investigations submitted by units under their command and indicate final approval of the Court Deviation investigation, as appropriate.
V.Court Attendance Responsibilities
  • A.Department members scheduled to attend an administrative hearing will also follow the procedures outlined in the Department directive entitled "Municipal Administrative Hearings."
  • B.Department members scheduled to attend Traffic Court will also follow the procedures outlined in the Department directive entitled "Traffic Court Notifications and Attendance."
    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.
  • C.When entering the court buildings located at Domestic Violence Court, Skokie Court Building, Bridgeview Court Building, or the non traffic-related courtrooms of the Daley Center, all Department members must check their firearms in a secure locker with the Sheriff's or other designated personnel in charge of the facility. This applies to every member appearing as an arresting member, witness, interested person, or party for any court or administrative proceeding in the facility.
  • D.Department members scheduled to appear in any court, judicial or administrative hearing will comply with the court appearance procedures outlined in this directive and if scheduled to appear during non duty hours, with the Department directive entitled "Payroll and Timekeeping- Overtime/Compensatory Time/Working Out of Grade."
  • E.Department members assigned to attend any court, judicial or administrative hearing for overtime compensation in which a member reports to a Department facility, City of Chicago facility, or a Cook County facility that has a Chicago Police Department designated identification card reader will swipe in at the beginning of the court overtime event and swipe out at the completion of the court overtime event consistent with the Department directive entitled "Chicago Automated Time and Attendance (CATA) System Pilot Program – Phase III."
  • F.A Department member whose appearance is required in any court, judicial or administrative hearing will:
    • 1.require prior authorization to attend the hearing, either from a Court Notification Record Number or an appropriate supervisor as described in this directive.
    • 2.record the corresponding Record Division Number and the Court Notification Record Number on the Overtime/Compensatory Time Report. Members will not attach the subpoena or the court notification printout to the Overtime/Compensatory Time Report.
    • 3.be present on the specified court date in time for the scheduled court call hearing.
    • 4.appear in the prescribed seasonal field uniform in accordance with the Department directive entitled "Personal Appearance Uniform/Citizen's Dress and Equipment". Department members who are authorized to wear citizen's dress will appear in conservative business attire and will wear proper Department identification.
    • 5.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, plaintiff, or civil case, 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.
    • 6.be prepared to testify, bringing complete and accurate reports, records (including Felony Minute sheet if required), and pertinent physical evidence to court. Department members will follow the procedures outlined in the Department directive entitled "Processing Property under Department Control" to sign-out evidence for presentation in court. Members will be prepared to present the evidence and give accurate and impartial testimony.
  • G.Department members appearing in court will not:
    • 1.log in or log out with Court Section personnel for another member.
    • 2.remain in court pending the final disposition of the case. Final disposition of the case is not required for completion of the Overtime/Compensatory Time Report. Continuance dates, when available, should be documented on the report.
  • H.When the member appears in court, judicial or administrative proceedings, and Court Section personnel are present, the member will:
    • 1.upon arrival, 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 or Assistant Corporation Counsel, an attorney whose subpoena they may be under, or Court Section personnel.
    • 3.inform Court Section personnel if excused from subsequent court dates to avoid receiving a Court Deviation.
      EXAMPLE:
      The member was originally notified to appear 02, 03, and 04 May. At the 02 May court appearance, the member has been excused from appearing on 03 and 04 May.
    • 4.inform the Court Section personnel when a case has been continued and the member has received instructions from the Assistant State's Attorney or Assistant Corporation Counsel that an appearance is not required on the next court date.
    • 5.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:
      Members will not leave court prior to their case(s) being called without authorization from the Court Section personnel.
  • I.When a member must appear in a court, judicial or administrative proceedings, and Court Section personnel are not present, the member will:
    • 1.upon arrival:
      • a.notify the Court Section between 0800 hours and 1600 hours, or
      • b.notify Crime Prevention and Information Center (CPIC) if the arrival to court is between 1600 and 0800 hours.
    • 2.notify either the Court Section or CPIC, as appropriate, when the court appearance is completed.
    NOTE:
    When available, Department members will use a Chicago Police Department Bell/PAX telephone to notify the Court Section or CPIC.
VI.Court Check-In Locations
Department members who are required to appear in court are required to log in at the following locations. Department members required to appear at:
  • A.any court located within the Leighton Criminal Court Building, 2650 South California Avenue, will first report to the Police Assembly Room, Room 700A, and then report to the assigned court room.
  • B.Traffic Court, will first report to the Traffic Court Police Assembly Room - 121 North LaSalle Street, Room LL107, and then report to the assigned court room.
  • C.the Department of Administrative Hearings will report to 400 West Superior Street.
  • D.the Domestic Violence Courthouse (Branch 46, 60, 61, 62, 63, 64), will report to 555 West Harrison Street, Room 1050.
  • E.Branch 23 or 29 will report to 5555 West Grand Avenue.
  • F.Branch 35 or 38 will report to 727 East 111th. Street.
  • G.Branch 43 or 44 will report to 3150 West Flournoy Street.
  • H.Juvenile Court will report to 1100 South Hamilton Avenue, Room C056.
  • I.the Bridgeview Courthouse will report to 10220 South 76th Avenue, Room 223.
  • J.the Markham Courthouse will report to 16501 South Kedzie Avenue, Room 220.
  • K.the Maywood Courthouse will report to1500 Maybrook, Maywood, Illinois.
  • L.the Rolling Meadows Courthouse will report to 2121 Euclid, Rolling Meadows, Illinois, Room 223.
  • M.the Skokie Courthouse will report to 5600 Old Orchard Road, Skokie, Illinois, Room 018, Lower Level
  • N.Addison Field Court for O'Hare Traffic cases will report to 3 Friendship Plaza, 2nd Floor, Addison, Illinois.
  • O.O'Hare Misdemeanor cases- 421 North County Farm Road, Wheaton, Illinois.
  • P.the Civilian Office of Police Accountability (COPA) will report to 1615 West Chicago Avenue, 4th Floor.
  • Q.the Bureau of Internal Affairs will report to 3510 South Michigan Avenue, 5th Floor.
  • R.the U.S. District Court, Northern District of Illinois, 219 South Dearborn Street
  • S.the Mayor's License Commission, Daley Center, 50 West Washington Street.
  • T.the Department of Law, Corporation Counsel Office - 30 North LaSalle Street, 8th floor (Reception Area), check in and out by making a telephonic notification to the Court Section.
    NOTE:
    If a member's court appearance is after 1600 hours, the telephonic notification will be made to CPIC.
VII.Court Section Responsibilities
  • A.The Court Section will function as outlined in the Department directive entitled "Department Organization for Command."
  • B.The Commanding Officer, Court Section will:
    • 1.authorize the assignment of Department personnel to court branches as needed.
    • 2.appropriately supervise court section personnel assigned to the Court Section, including visiting various court locations.
    • 3.maintain liaison with the courts, the State's Attorney's Office, the Corporation Counsel's Office, and the appropriate Department units.
  • C.Court Section personnel will:
    • 1.function as the Department representative in cases where the appearance of the arresting officer is not required.
    • 2.ensure that all members log in and log out when appearing in court and enter all other required information on the Court Log (CPD-21.600).
    • 3.ensure that all overtime submitted for approval accurately reflects the time the officer was present in court.
    • 4.report unauthorized absences, exceptional/deficient appearance, demeanor and quality of testimony of officers appearing in court by completing the Court Section Report to Commanding Officer (CPD-21.602), when necessary.
    • 5.perform other duties as may be required by Commanding Officer, Court Section.
  • D.When a case handled by Court Section personnel is continued to enable the arresting officer to appear, the Court Section personnel will enter all necessary information via the Automated Court Notification Application.
VIII.Responsibilities of Command Personnel
  • A.Chief, Bureau of Organizational Development, or designee, will visit the courts, as appropriate, to determine the effectiveness of Court Section personnel and of members presenting evidence in court. The Commanding Officer, Court Section, will maintain liaison with the Chief, Bureau of Organizational Development, to determine any deficiencies noted during the inspections of courts so that corrective action can be taken.
  • B.Unit commanding officers will investigate irregularities and deficiencies reported to them in the Court Section Reports and will take appropriate remedial or disciplinary action. Reports of actions taken or of recommendations made will be submitted through channels to the appropriate Bureau Deputy Chief. Bureau Deputy Chiefs will ensure that the Commanding Officer, Court Section, is notified when investigations are completed so that Court Section files can be closed.
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
T16-033 SDR/VM/MWK