SHERIFF’S RESPONSIBILITIES: COURT DUTIES

BLET: 32A

TITLE: SHERIFF’S RESPONSIBILITIES: COURT DUTIES

Lesson Purpose:To present the student with a basic outline of courtroom operations, the duties of the court bailiff, and to provide the student with established procedures to assist with courtroom security.

Training Objectives:At the end of this block of instruction, the student will be able to achieve the following objectives in accordance with the information received during the instructional period:

  1. List and discuss the major responsibilities of the Court Bailiff.
  1. Discuss verbally the legal concerns regarding the use of restraints in a courtroom during a jury trial.
  1. List and discuss four basic rules that apply to all cell searches.
  1. In a practical exercise, demonstrate the proper technique for con ducting a cell search using all safety precautions, identifying all items of contraband and documenting any items of contraband found, according to departmental policy.
  1. In a hypothetical situation, prevent inmates from obtaining weapons and/o r contraband in a courtroom.
  1. In a practical exercise, conduct a thorough search of a person entering a court facility utilizing the legal information discussed during the class and all safety precautions, recommended procedures and equipment.
  1. Given an outline of a courtroom, identify proper seating arrangement for:
  1. Prisoner
  2. Officer
  1. Discuss the major issues involved when determining security precautions to take with the following:
  1. Courtroom
  2. Inmates
  3. Juries
  4. Witness
  5. Victim's family
  6. Defendant's family
  7. Co-defendants
  8. Hostile witness
  9. Judge

Hours: / Six (6)
Instructional Method: / Conference/Practical Exercises/Demonstration
Materials Required: / Contraband Items
Training Aids: / Metal Detectors VCR/Monitor Latex Gloves Videos:
  1. Courtroom Security, Vo l. 2 Issue 7, Lock-Up USA (1993)
  2. Safe Cells, Cell Search and Body Search, LA Educational Media (1996)

References: / Carter, Richard W. Court Security for Judges, Bailiffs, and Other Court Personnel. 1992.
Cloutier, Georgia. “Contraband Searches” Lesson Plan. Detention Officer Certification Course Notebook. Salemburg, NC: North Carolina JusticeAcademy, 1995.
Cloutier, Georgia. “Transportation of Inmates” Lesson Plan. Detention Officer Certification Course Notebook. Salemburg, NC: North Carolina JusticeAcademy, 1995.
John son, Jack P. Policy and Procedure Manual: Courtroom Operations. Wentworth, NC: RockinghamCounty Sheriff’s Office.
National Sheriffs’ Association. Court Security: A Manual of Guidelines and Procedures. Washington, DC: Department of Justice, 1978.
O’Connell, Catherine. Handbook for Bailiffs. South Dakota: State Court Administrator’s Office, 1979.
Register, Susan M. “Civil Process for Basic Law Enforcement” Lesson Plan. Basic Law Enforcement Training Notebook. Salemburg, NC: North Carolina JusticeAcademy, circa 1990.
Valentine, Marshall. “Court Security: Present and Past.” National Sheriff’s Magazine, November/December 1992.
Williams, Robert C. Courtroom Security Notebook. Salemburg, NC: North Carolina JusticeAcademy, 1993.
Prepared By: / Georgia Cloutier Instructor/Coordinator North Carolina JusticeAcademy
CaptainJackP.JohnsonRockinghamCounty Sheriff's Office
Date Prepared: / August 1997
Reviewed By: / KathyMooreAgencyLegal Specialist North Carolina JusticeAcademy
Date Reviewed: / December 1998 January 2000 November 2000 October 2001
Revised By: / Jon Blum Instructor/Coordinator North Carolina JusticeAcademy
Date Revised: / November 2001

TITLE: SHERIFF’S RESPONSIBILITIES: COURT DUTIES - INSTRUCTOR NOTES

1.PRACTICAL EXERCISES

a.Each student is to conduct a holding cell search. Instructors need to hide items of contraband and then have each student conduct a search. All safety rules and regulations should be enforced including universal precautions (Universal Safety Precautions from the Sheriff’s Responsibilities: Detention Duties block of instruction).

b.Students must use metal detectors and conduct clothed body searches, using all safety precautions to conduct searches of persons entering the courtroom. Instructors will need to have developed “presiding judge’s” orders for performing searches.

  1. To promote and facilitate law enforcement professionalism, three (3) ethical dilemmas are listed below for classroom discussion. At their discretion, instructors must provide students with each ethical dilemma listed below. Sometime during the lecture instructors should “set the stage” for the dilemma prior to taking a break. Instructors are encouraged to develop additional dilemmas as needed.

a.Against the orders of the presiding judge, the bailiff in a courtroom determines a prisoner to be a flight risk and places him in restraints. You observe this and know the restraints are not supposed to be on. What do you do?

b.During a cell search, you observe your partner allow an inmate to keep an item considered by your department to be contraband. What will you do?

c.Your partner asks you to allow a police officer into a restricted area with a weapon. You know this officer and your partner very well and feel pressure to allow this to happen. What will you do?

TITLE: SHERIFF’S RESPONSIBILITIES: COURT DUTIES

I.Introduction

NOTE: Show slide, "She riff’s Responsibilities: Court Duties."

A.Opening Statement

Courtrooms are filled with victims, witnesses, and defendants, some of whom have little respect for the judicial system or court officials. Arguments, assaults and confrontations are common between defendants, victims, and witnesses in various civil and criminal cases. The news media often presents reports of disgruntled citizens who have taken out their dissatisfaction for the judicial system through violence in the courtroom. Overcrowding, personnel shortages, and inadequate facilities are compounding these problems and creating an even more hazardous environment in today's courtrooms.

Traditionally, North Carolina sheriffs have been given the overall responsibility for upholding the integrity of the courtroom. Basically this means providing security and overseeing the day-to-day activities of our state courts.

B.Training Objectives

NOTE: Show slide, “Training Objectives.”

C.Reasons

Although there may be numerous law enforcement officers in a courtroom, few may be cognizant of courtroom operations or security. There have been many escapes from courtrooms where officers were too busy "socializing" to even notice that an escape had occurred. Many law enforcement officers view their "court day" differently than their regular duties and tend to "let their guard down." In today's society, the potential for violent confrontations is ever present and law enforcement officers should always remain alert. When emergencies arise (even in the courtroom) law enforcement officers should always be ready to give their assistance and utilize their training to help deal with the problems at hand.

Every law enforcement officer employed by a sheriff's office should be especially familiar with basic courtroom operations and the procedures for ensuring courtroom security. This lesson plan is designed to give these court security officers a basic understanding of the duties of courtroom personnel and familiarize all law enforcement officers with the various procedures for providing security in the courtroom.

NOTE: Have student(s) read the following fictional story and discuss how this incident could actually occur in many courtrooms in North Carolina.

On Friday night, Detention Officer Mark Mitchell had just started booking inmate Donnie Jack son for first degree murder at the AmesCounty jail. Inmate Jack son was sweating profusely and seemed extremely nervous. Inmate Jack son finally told Officer Mitchell that he thought his life was in danger and he was indesperate need of protection. He went on to tell Officer Mitchell that he was arrested for killing the son of notorious drug dealer Anthony "Skull" Simpson. Inmate Jackson said that the word on the street was "Skull" had already put out a "hit" on him. Officer Mitchell passed this information on to his supervisor and inmate Jackson was placed in isolation for his persona l safety.

Bailiff Charles Sutton was shaking his head and cussing to himself as he stood in front of the crowded holding cell. His already red face was gradually getting darker as he attempted to fill out affidavits for 20 inmates scheduled for first appearances. The day shift Jail Team Sergeant walked up to Sutton and told him that one of his first appearances was not placed in the holding cell due to security reasons. Sutton looked at him and said with disgust, "So I've got 21 damn inmates to drag over to court this morning." T he Sergeant just smiled and continued to tell the bailiff about the jail's concern for inmate Jackson's safety. After the Sergeant finished the story about "Skull," Sutton asked him to call the Captain and "get me some damn help with these first appearances." The Jail Team Sergeant called and informed the Captain about the circumstances surrounding inmate Jackson and the bailiff's request. The Captain let out a long slow breath and finally said, "Well, I'm short handed as hell today, but I'll try to get somebody up there."

Bailiff Sutton entered the crowded district courtroom with 21 shack led inmates and an unarmed records officer the Captain had sent as additional security. Sutton shook his head as he noticed at least 50 people standing along the walls of the small courtroom. He couldn't believe the courthouse was the only building in the county where the Fire Marshal's "Maximum Rated Capacity" didn't mean anything. Sutton escorted the inmates into the jury box (which during district court substituted as a prisoner/law enforcement holding area). He smiled a t a very attractive female police officer as he motioned for the in mate s to sit down just in front of her. He started joking quietly with an attorney sitting beside the female officer when he noticed a red dot flickering on the side of inmate Jackson's head. Bailiff Sutton had never seen a laser sight or a MP-5 assault rifle, but was about to get a demonstration that he would never forget. Sutton didn't turn around to see where the first muffled shot had come from, h e just gasped as he saw the inmate's head explode all over the neatly pressed white shirt of the attorney sitting behind him. He noticed how the pretty female officer seemed to be moving in slow motion as she held her hands in front of her face to prevent the wave of blood from splashing in her startled blue eyes.

By the time bailiff Sutton finally turned to locate the direction of the faint shots, he only saw men and women frantically covering their heads and scrambling to slide under the benches in the courtroom. The records officer assigned to assist him had evidently fainted and was lying in the middle of the courtroom in a fetal position. Bailiff Sutton looked over at the judge’s bench and not seeing her, hoped that she had retreated to the safety o f her bulletproof bench. Sutton didn't really know what to do n ext, but decided that he should at least pull out his service revolver. When he turned back toward the jury box, he noticed that the attorney sitting behind Jackson had slumped in his seat and his neatly pressed white shirt was now a dark crimson color. The female officer pulled her weapon and attempted to stand, but quickly sat back down after feeling an excruciating pain in her left leg.

Bailiff Sutton was pleased to see that the two highway patrol officers sitting at the other end of the jury box, ran to the back of the courtroom with weapons raised. He still hadn't seen the gunman or where the shots had originated, but was very grateful to see the officers heading in that direction. Since bailiffs didn't carry radios, he decided to move over to the clerk's desk and call for assistance on the courtroom telephone. He had to step over the assistant district attorney who after glancing at the remains of inmate Jackson's head, was on his hands and knees throwing up on the courtroom floor.

W he n the first patrol deputies arrived, they could hardly believe their eyes. The courtroom looked like a combat zone with people lying everywhere. There were so many people still lying on the floor, they couldn't tell exactly how many were injured. Bailiff Sutton was still on the courtroom phone trying to get medical attention for the wounded officers and inmates. One deputy tried to ask the records officer about the suspect, but so on realized that he was almost in a state of shock. Volunteer firemen started arriving on the scene and tending to the wounded. The two high way patrol officers (who had pursued the suspect) were just returning to the courtroom. The y told deputies that the only stairway leading from the courtroom was so crowded the y had trouble getting downstairs to locate the gunman. They also told deputies that since there were nine exit doors from the courthouse, they couldn't determine which way the gunman left the courthouse. A description of the suspect was finally received from an elderly female witness who had been standing at the back of the courtroom. She told officers "he was a nicely dressed young man that I thought was an attorney until he pulled out that funny looking rifle. I couldn't believe it when he pointed that thing and just started shooting a t the front of the courtroom." She continued and said "after he finished shooting, he just casually put the rifle under his coat and slowly walked out of the courtroom. Like nothing had ever happened."

W hen the sheriff arrived o n the scene, he was informed that one inmate and a defense attorney had been pronounced dead at the scene. Two inmates and one police officer were seriously wounded and taken to a local hospital. He was also advised that several civilians received minor injuries and one elderly man was transported to the hospital due to a possible heart attack. The sheriff was very upset to hear that there was little information on the suspect or his whereabouts. Although the tracking dog had been summoned to the scene, it was apparent that the gunman was well prepared and more than likely had a "get-away" vehicle waiting for him in the parking lot. The sheriff walked over to Bailiff Sutton and listened as he was describing the chain of events to one of the investigating detectives. The sheriff's mouth dropped open when he heard that the deceased inmate had told deputies earlier there was a "hit out on him" and he wanted our protection. The sheriff's stomach seemed to b e trying to tie a perfect square knot as he quietly listened to the circumstances leading up to the shooting.

The sheriff began to imagine tomorrow's headlines and how the y could very possibly end a short, but promising law enforcement career. "Inmate Warned Officers of Assassination." "One Bailiff Guards Twenty-One Inmates." "Two Killed as Unarmed Officer Look s On." "Judge Blasts Sheriff for Failing to Provide Security." "Lawsuits Expected in Courthouse Shooting."

II.Body

A.The Court Bailiff - Duties and Responsibilities

NOTE: Show slide, “The Court Bailiff.”

For years, sheriffs looked at the court bailiff position as administrative and a relatively safe place in the department to work. With the rapid increase in court cases over the last few years, a corresponding increase in the incidents of violence in courtrooms has occurred. With the ever increasing caseloads, the bailiff's position has seen a tremendous transformation over the last few years. The court bailiff position in a sheriff's office is now one of the most demanding jobs in the department and on occasion, can be one of the most dangerous. Since bailiffs’ responsibilities have increased so dramatically, their positions require the abilities of a specially trained officer.

1.Outline of duties

The duties of a bailiff vary from courthouse to courthouse, and often from courtroom to courtroom. The bailiff holds a somewhat unique position in that the bailiff is a hybrid of peace officer, prison guard, court clerk, and public relations person.

a)Some of the most commonly found duties of a court bailiff are:
(1)Attend all sessions of the court and remain until dismissed by the judge
(2)Conduct a physical inspection of the courtroom prior to and at the end of each court session
(3)Secure the courtroom when the court is not in session
(4)Be familiar with the daily schedule of the court and the judge in the event special security is warranted
(5)Conduct daily inspections of all security equipment such as duress alarms, fire alarms, telephone and intercoms, fire extinguishers, first aid kit, etc.
(6)Conduct daily inspections of any temporary prisoner holding area for contraband and room security
(7)At the direction of the judge, or in accordance with departmental policy, inspect and search persons and personal effects entering the courtroom for weapons
(8)Assist in seating court participants and spectators
(9)Perform opening and closing ceremonies of the court
(10)Maintain order and decorum in the courtroom while court is in session
(11)Ensure the personal safety of the judge
(12)Maintain custody of prisoners in the courtroom or assist officers having such custody
(13)Assist in transporting prisoners between jail and courtroom, when necessary or directed by presiding judge
(14)Provide security in corridors, chambers, or other courthouse spaces
(15)Periodically check the courthouse parking lots and judge’s parking space to keep unauthorized persons and vehicles from the area
b)Administrative duties
(1)Administer oaths to witnesses if not performed by the judge or court clerk
(2)Assist parties, attorneys, and witnesses by explaining court procedures and answering questions

(3)Taking and/or delivering messages to and from the judge or other court officers