Provided 6-17-16
1516 RTKL 0181

PHILADELPHIA SCHOOL DISTRICT
Office of School Safety

Directive #32

SUBJECT: COURT NOTICES AND SUBPOENAS
I.

POLICY
A.
Personnel subpoenaed to appear in court must appear and be prepared to testify.
Personnel must also possess evidence, records, or other materials needed for
presentation of the case.
*NOTE: For the purposes of this directive, the terms “personnel” shall refer to all
civilian, per-diem, and sworn personnel subject to duty related court subpoenas.
B.

All subpoenas for personnel or evidence will be processed through the Court Notice
Clerk and recorded in a log by date.
1.
Subpoenas received from the Philadelphia District Attorney’s Office (DAO) will
be processed in accordance with this directive.
2.
Subpoenas received from agencies other than the Philadelphia DAO, i.e., U.S.
Attorney, City Solicitor, private attorneys, etc., will be processed through the
Office of General Counsel (215) 4003.
Any request from an out of state jurisdiction for an SPO to appear to testify at a
court proceeding will be referred to the Office of General Counsel. This office
will coordinate necessary arrangements. Court notices will not be generated
unless approved by the General Counsel.
4.
It is the responsibility of all Supervisors, SPO’s, and Per Diem Officers who
receive court notices/ subpoenas whether it is received by mail, telephone, or fax
to contact the Court Notice Clerk Officer (Phone: 215-400). All notices
not sent by the Court Notice Clerk Officer, must be faxed to 215-400-4711.
5.
A court appearance summary (SP-17) must be completed, and the subpoena
must be signed off by the ADA. Fax both completed forms to a Court Notice
Clerk Officer at (215-400-4711).

C.

School police personnel will report on time to designated Court for their pertinent court
location.

D.

Personnel will report on time to the District Court Coordinators when attending a
divisional hearing.

E.

Professional Conduct and Appearance During Court Appearances
1.
Personnel will appear and conduct themselves in such a manner as to maintain
the dignity of the School District of Philadelphia. No offensive clothing,
jewelry, footwear, etc., will be tolerated.
2.
Personnel will dress in the uniform of the day, regardless of tour of duty,
including scheduled days off.
3.
Personnel in plainclothes and/or investigative positions, in sick/injured status, or
in suspended status, will dress in neat and conservative civilian or business
attire. Non-uniformed personnel will display their identification card on their
outermost garment, chest high, when entering any court facility and while in the
court room. Attire such as jeans, dungarees, sweatpants or sweatshirts, sneakers,
T-shirts, short pants, etc., will not be permitted when appearing for court.
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 4.

F.

II.

Plainclothes and/or investigative positions are defined as:
a.
Investigators
b.
Per-Diem employees, non-sworn.

When an employee is involved in any criminal or civil litigation, the employee will
immediately submit to their supervisor a memorandum which will explain the matter,
detailing the employee’s involvement, and also include opposing party information,
attorney information, and docket/case numbers. The supervisor will maintain this
information in a tickler file and immediately forward a copy to the pertinent
commander.

NOTIFICATION AND DISTRIBUTION PROCEDURE
A.
Upon receipt of a court notice or notice of cancellation, the court notice clerk will:
1.
Ensure the officer’s tour of duty, tour code, and status, is written on the notice
and recorded in the court notice/subpoena log.
a.
Along with the tour of duty, enter the following numeric code for tour as
indicated

2.

3.

TOUR
CODE
C Platoon
1
A Platoon
2
B Platoon
3
RDO
Ensure a regional lieutenant of each subpoenaed officer (regardless of squad
assignment) receives notice.
a.
When the time between receipt of the notice and the date of the court
appearance does not permit the notification of the subpoenaed officer’s
supervisor, promptly notify the officer (including officer in sick/injured
status) by telephone or message delivery to the officer’s home. Messages
will be delivered on a Complaint or Incident Report (SP-16).
b.
When it is necessary to notify an officer by telephone or message
delivery, ensure that the name, rank, badge number of the officer who
notified the subpoenaed officer and how notification was made is
documented on the court notice. Also, ensure that this information is
noted on the log of events maintained by School Police Radio.
Distribute the Court Notice/Cancellation as follows:
One copy – district/unit Operations Room file by date.
Two copies – Retained by the subpoenaed employee.

B.

Subpoenaed personnel will:
1.
Ensure the appearance is necessary.
2.
Immediately notify his/her supervisor if he/she will be absent from or delayed in
attending court. A physical condition (sick/injured) that prohibits the appearance
in court must be justified.

C.

Platoon supervisors of subpoenaed personnel will:
1.
Ensure personnel are notified before the scheduled date of appearance.
2.
Sign all copies of the notice.
3.
Ensure subpoenaed personnel sign, date, and retain two copies of the notice.
4.
Return additional copy to School Police Operations for filing.
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 5.

Ensure that when an officer requests to use vacation time (not to include
regularly scheduled annual vacation periods), holiday time, or is scheduled for
training, the following is completed:
a.
Should there be any concerns or uncertainty regarding whether or not the
officer will be required to appear on the date requested, the following
procedure will be completed:
1.
Contact the District Attorney’s Office, to ascertain if the SPO is
scheduled to appear in court on the date requested.

D.

Recording of Court Time and Overtime/Compensatory Time Earned
1.
Officers appearing in court while in sick status will utilize no more than four
hours of sick leave. Officers appearing in court while in limited/restricted duty
or injured on duty (IOD) status will not be recorded in the same manner as full
duty personnel and will not be eligible for overtime on a scheduled workday.
a.
While appearing in court in excess of the eight hours already worked in a
scheduled workday.

E.

Lateness/Absence from Court
1.
When an SPO is unable to appear for any reason, i.e. sick, vacation, military
leave, etc., or will be delayed in appearing for court, the SPO is responsible for
immediately notifying his supervisor and the D.A.’s office (telephone number is
on the notice). Lateness or absence must be justified
2.
When an SPO in sick or injured status is subpoenaed to court, the appearance is
mandatory unless the officer is confined or immobile. The appearance will take
priority over all other commitments on the same day, i.e. doctor appointments,
non-emergency hospital visits or testing, etc.
3.
When an SPO is unable to appear because the court appearance date conflicts
with his/her scheduled annual vacation or any approved day off, the D.A.’s
office must be promptly notified for each day that the SPO is subpoenaed and is
unable to appear.
4.
In civil cases where an officer is subpoenaed but is unable to appear, a
supervisor will immediately notify the assigned Assistant City Solicitor and
advise him/her of the officer’s status. The Assistant City Solicitor’s number will
appear on the court notice.
5.
When an SPO is no longer an employee of the School District for whatever
reason, the court notice clerk will ensure that a message indicating the former
officer’s status is transmitted to the D.A.’s office.
6.
When courts are closed due to inclement weather, it will be broadcasted on
KYW News Radio 1060.
7.
Supervisors are responsible for monitoring the court attendance activity of their
personnel on a daily basis.
8.
Whenever an SPO fails to appear or reports late to court, supervisors will ensure
that an investigation is initiated and appropriate action is taken when necessary
and inform the pertinent Divisional Commander.

F.

Subpoenaed to Court While Serving Disciplinary Suspension
1.
While serving a disciplinary suspension, all personnel have a duty and
responsibility to appear in court when subpoenaed and notified by the School
District.
2.
When an employee is serving a disciplinary suspension from duty:
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 a.

b.

III.

The suspended employee will immediately be notified by telephone or a
message will be delivered. If the suspended SPO can not be contacted,
School Police Operations will document the number of times the
notification was attempted, and who made the notification attempts.
Also, included must be the beginning and ending dates of the SPO’s
suspension.
Suspended SPOs who appear in court will be paid by the School District
of Philadelphia, except when the SPO has been suspended with the intent
to dismiss. Thereupon, the SPO will only be entitled to a witness fee.
Compensation for court appearance while suspended will be requested
by memorandum, which will list all pertinent information. The
memorandum will be prepared by the suspended employee’s immediate
supervisor and submitted to the pertinent Divisional Commander.

REPORTING PROCEDURES
A.

Reporting to Court
1.
Report in person with School District-issued identification card to the pertinent
court at the time of the scheduled court appearance. Overtime will not be
authorized for any time prior to the scheduled court appearance.
2.
Whenever personnel fail to appear or report late for court, their supervisor will
initiate an investigation and take appropriate action when necessary.
3.
When an officer reports to court without court notice, the officer will obtain a
reprint of the notice from the Court Attendance Supervisor. The SPO will
complete the notice, return one copy to the Court Attendance Section, and retain
one copy.
4.
SPO personnel will proceed directly to the courtroom printed on the notice.
5.
SPO personnel will report to the assigned Assistant District Attorney in the
respective courtroom.

B.

Reporting off from Court
1.
Upon completion of a court appearance, personnel will:
a.
Ensure the ADA signs the notice with the time that the employee
reported to court and the time when the employee leaves court. Also,
ADA must affix his/her signature.
2.
Upon reporting out, personnel will return to their assignment when the
scheduled tour of duty has not been completed.
3.
If the appearance was in Divisional Court, personnel will present the court
notice to the District Court Coordinator or ADA who will:
a.
Affix signature and time in/time out.
b.
Retain one copy of the court notice for supervisor and assigned location.
4.
School police personnel who are verbally instructed by the Judge or the ADA to
return to court on the next scheduled court day will notify his/her supervisor of
the assignment.

C.

Return to Unit of Assignment Subsequent to a Court Appearance
1.
Personnel will submit a completed and signed (by the ADA) copy of the notice
to their supervisor and location of assignment.
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 IV.

D.

Tour of Duty Coordination
1.
In coordinating court appearances and tours of duty, personnel who are
scheduled to work:
a.
10P.M. X 6:30A.M. – will report off two hours before the scheduled end
of the tour.
b.
2P.M. X 10:30P.M. – sworn personnel who appear for court in overtime
status and are scheduled to report for the 2P.M. X 10:30P.M. shift are
required to report to work as scheduled.

E.

Court Appearance in Other Jurisdictions
1.
School police personnel who are subpoenaed to appear in court in another
jurisdiction as a result of SPO duties will:
a.
Notify the Court Notice Clerk Officer, their immediate supervisor and
Radio Dispatch, making note of who received the notification.
b.
Notify the Radio Dispatcher, and the supervisor on duty when they arrive
back home after the appearance, making note of who received the
notification.
2.
When police personnel incur expenses as a result of an outside jurisdiction court
appearance, they may apply for reimbursement as per School District policy.

CASE PREP COURT NOTICES, SUBPOENAS, AND NOTICES TO APPEAR
A.

SPO personnel subpoenaed for a case prep will:
1.
Ensure they do not appear for case preps on scheduled days off (RDO).
2.
Notify their immediate supervisor of a case prep court notice.
3.
Report on time to the respective designated location for the case prep.
*Upon completion of permitted overtime, terminate the case prep appearance. Have the
ADA or person in charge affix signature and title along with time in and time out.

B.

The employee’s immediate supervisor will ensure:
1.
The pertinent Commander is notified of all case prep notices.

C.

Divisional Commander will ensure:
1.
All overtime is necessary and non-preventable and maintain file for all case prep
subpoenas by the court notice clerk.
*NOTE: Initial case prep appearances will be limited to four (4) hours overtime
in homicide/felony cases and two (2) hours overtime in all other cases, when
appropriate. Subsequent case prep appearances will coincide with the officer’s
scheduled tour of duty, with the exception of personnel assigned to the 10P.M.
X 2:30A.M. tour of duty.

D.

Personal Service Subpoenas
1.
School police personnel subpoenaed for court by personal service subpoena will
ensure the subpoena is sent to the Legal Office-440 N. Broad St.-3rd floor, when
it is determined to be related to their duties as a police officer.
a.
Contact the pertinent Commander and supervisor to notify him/her of the
subpoena.
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 V.

SIMULTANEOUS APPEARANCES AND PRIORITY OF COURTS
A.

Personnel subpoenaed to multiple Criminal Trial Courts simultaneously will report to
the highest priority court.

B.

In cases of multiple appearances, the supervisor will ensure that:
1.
Whenever an officer has multiple court cases, regardless of their locations,
notify the pertinent ADA listed on the notice.

C.

Whenever subpoenaed for multiple court cases, the subpoenaed officer will:
1.
Remain in the highest priority court until the case is completed or until
otherwise excused. Proceed to the next highest priority court. Continue in this
manner until all scheduled appearances for the day are completed.

D.

When personnel must appear at a Divisional hearing and at a court of higher priority,
the officer will:
1.
Report directly to the Divisional hearing (with the exception of “Must be Tried”
cases).
2.
Notify the Divisional Court Coordinator assisting the Municipal Court Judge,
who will request that the Judge give precedence to the officer’s case.
3.
Upon completion of the Divisional hearing, report directly to the Court
Attendance Section office of the next court of higher priority.
a.
After reporting in, proceed directly to the courtroom, and notify the
Court Liaison officer and/or the ADA that he/she is present.

E.

Priority of Courts and Related Appearances (Any questions regarding the priority of
courts will be directed to the Court Liaison Unit).
1.
“Must be Tried” cases
2.
Preliminary Hearings – Divisional Court
3.
Common Pleas Court – Criminal Cases
a.
Homicide
b.
Major felony trials
c.
Family court
d.
Felony waiver cases
4.
Municipal Court List Rooms
5.
Criminal Motions Lists and Post-Conviction Hearing Act Hearings
6.
Investigating Grand Jury
7.
In Federal criminal cases, a higher priority may be given to a Federal case as
determined by an agreement between the DAO and the Office of the U.S.
Attorney. In any civil case where the school police officer is a party or witness
for the School District, the SPO must appear and/or notify the Law Department
and the Assistant City Solicitor of any conflicting court appearances.
Notifications will be made in advance of the scheduled listing to allow for
coordination between the Legal Department and the Assistant City Solicitor of
any conflicting court appearances. Notifications will be made in advance of the
scheduled listing to allow for coordination between the Legal Department and
the City Solicitor and the DAO. Supervisors will ensure that such notifications
are made.
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 8.
9.
10.
11.
12.
13.
14.
15.
16.
VI.

VI.

Pennsylvania Board of Probation and Parole
Civil cases
City Solicitor
Traffic Court
Sanitation Court
State Bureau of Highway Safety Hearings
Pennsylvania Liquor Control Board
Civil Service Commission
Police Board of Inquiry

“MUST BE TRIED” CASES/NOTICES
A.

Local Court Rule 800 provides for one continuance by the prosecution. The DAO must
be prepared for the rescheduled proceeding or the defendant may be discharged.
Appearance at this type of listing is mandatory. Under no circumstances will personnel
be permitted to be placed “on call” for these cases.

B.

“Must be Tried” cases take priority over all other court appearances, including
Divisional Courts. Personnel subpoenaed for “Must be Tried” cases.

C.

The Court Notice Clerk, when notified of a “Must be Tried” case by the DAO will
ensure the term “Must be Tried” is indicated in the “Charges” block of the notice.

D.

The court notice clerk, upon receiving a “Must be Tried” notice will:
1.
Ensure the subpoenaed officer is notified in accordance with the procedure
outlined in this directive for notification and distribution of court notices
(Section II).
2.
When the subpoenaed SPO is unable to appear due to an incapacitating
injury/illness or a pre-approved vacation, the following procedure will be
followed in addition to those outlined with this Directive:
a.
When a “Must be Tried” notice has been received before 6P.M. on the
business day preceding the scheduled appearance in which the SPO will
be unable to appear:
1.
Immediately notify the Chief of Felony Waivers or Chief of
Major Trials Unit of the DAO by phone.
2.
Inform them of the reason for the absence and the expected date
of availability.
3.
Document the notification on the court notice and the Log of
Events.
b.
When a “Must be Tried” notice has been received after 6P.M. on the
third business day preceding the scheduled appearance in which the SPO
will be unable to appear:
1.
Document all notifications on the court notice and the Log of
Events and the Court Notice Log.

DISCIPLINARY
A.

When an employee is scheduled for a Disciplinary hearing, the pertinent Commander
will:
1.
Ensure all necessary personnel are promptly notified.
7 - 32

 2.

VII.

All civilian witnesses are notified by certified mail.

B.

The employee’s supervisor will:
1.
Ensure that all witnesses have been notified of the date and time of the hearing
and changes thereof as made by the Hearing Officer.
2.
Ensure the charged employee signs the notice, and forward as follows:
a.
Original: Hearing Officer
b.
Copy: Pertinent Commander
c.
Copy: Employee charged

C.

Employees notified of a Disciplinary hearing will:
1.
Report directly to the hearing location and present a signed copy of the notice to
the Hearing Officer.
2.
When the hearing is concluded, report out with the Hearing Officer and return to
the unit of assignment when the tour of duty has not been completed.
3.
Upon return to the unit, submit the completed notice to the supervisor.

NON-POLICE RELATED COURT APPEARANCES
A.

School police officers will not appear at any non-duty related court appearance in
uniform. Uniforms are restricted to duty related court appearances only.

B.

Personnel who are plaintiffs, defendants, or interested parties in personal matters at
Family Court, i.e. divorce, custody, support, etc. at 34 South 11th Street or 1801 Vine
Street are not permitted to carry a firearm, or any other weapons into the courtroom.
Personnel who are involved in litigation of this type will use personal time if they are
working.

C.

Character Witness Appearances:
1.
School police personnel must be subpoenaed before they may testify as a
character witness in a civil, criminal, administrative, or other judicial
proceeding. Testify is defined as the act of giving testimony in person, by
affidavit, by letter, or other means. A character witness court notice is a notice to
appear. Questions concerning character witness appearances will be directed to
the legal office via the pertinent Divisional Commander.
2.
Subpoenaed personnel will:
a.
Attend any proceeding on personal time.
b.
Immediately notify his/her pertinent Commander by memorandum of the
subpoena to appear as a character witness and all pertinent information
contained on the subpoena.
c.
Appear in civilian attire only. Officers will NOT wear a school police
uniform when appearing as a character witness.

D.

Witness Fees
1.
Personnel subpoenaed for a court appearance in a jurisdiction other than
Philadelphia are not entitled to witness fees paid by that jurisdiction.
2.
Commanding officers will ensure adherence to this procedure.

E.

Interview and/or Deposition Appearances
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 1.

2.

3.

F.

Personnel subpoenaed, summoned, or personally contacted for the purpose of
interview or deposition, regardless of the authority or individual requesting the
appearance and means of notification, will:
a.
Immediately prepare and forward a memorandum in triplicate directed to
the General Counsel. This memorandum will contain all pertinent
information regarding the request for interview and/or deposition.
b.
When the time of notification and/or the time of the requested
appearance does not permit compliance with the above procedure,
immediately notify his/her immediate supervisor.
The employee’s immediate supervisor will:
a.
Notify the pertinent Commander of the deposition or interview notice
and the inability to make proper notification via memorandum.
b.
When the School District of Philadelphia and the employee parties in a
judicial proceeding or the employee is a witness, contact the assigned
attorney at General Counsel prior to the deposition or interview in an
effort to communicate any circumstances conflicting with the
appearance, i.e. sick, vacation, court, etc.
The pertinent Commander will ensure:
a.
When time does not allow for notification via memorandum, School
District General Counsel is immediately notified, informing him/her of
the request for appearance.

Jury Duty Notification
1.
Employee will receive a questionnaire along with a summons to appear for jury
duty. The SPO is to complete the questionnaire and return it as directed.

8-11-04
JUNE 2015
BY ORDER OF THE CHIEF SAFETY EXECUTIVE
OFFICE of SCHOOL SAFETY
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