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S h e r i f f ’s R e s p o n s ib i l i t i e s : C o u r t D u t ie s

Basic Law Enforcement Training 1

Instructor/Hypermedia

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.

2. Discuss verbally the legal concerns regarding the

use of restraints in a courtroom during a jury trial.

3. List and discuss four basic rules that apply to all

cell searches.

4. In a practical exercise, demonstrate the proper

technique for conducting a cell search using all

safety precautions, identifying all items of contra-

band and documenting any items of contraband

found, according to departmental policy.

5. In a hypothetical situation, prevent inmates from

obtaining weapons and/or contraband in a court-

room.

6. 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.

7. Given an outline of a courtroom, identify proper

seating arrangement for:

a. Prisoner

b. Officer




8. Discuss the major issues involved when deter-

mining security precautions to take with the fol-

lowing:

a. Courtroom

b. Inmates

c. Juries

d. Witness

e. Victim's family

f. Defendant's family

g. Co-defendants

h. Hostile witness

i. 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, Vol. 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 Justice Academy, 1995.

Cloutier, Georgia. “Transportation of Inmates” Lesson

Plan. Detention Officer Certification Course Notebook.


Johnson, Jack P. Policy and Procedure Manual: Court-

room Operations. Wentworth, NC: Rockingham County

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 Enforce-

ment” Lesson Plan. Basic Law Enforcement Training

Notebook. Salemburg, NC: North Carolina Justice

Academy, circa 1990.

Valentine, Marshall. “Court Security: Present and Past.”

National Sheriff’s Magazine, November/December 1992.

Williams, Robert C. Courtroom Security Notebook.


Prepared By: Georgia Cloutier

Instructor/Coordinator

North Carolina Justice Academy

Captain Jack P. Johnson

Rockingham County Sheriff's Office

Date Prepared: August 1997

Reviewed By: Kathy Moore

Agency Legal Specialist


Date Reviewed: December 1998

January 2000

November 2000

October 2001

Revised By: Jon Blum

Instructor/Coordinator


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.

2. 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 Re sponsibilities: 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. Argu-

ments, 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 court-

room. 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 Obje ctiv es."

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 court-

room) 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 Ames County jail.

Inmate Jackson was sweating profusely and seemed extremely nervous.

Inmate Jackson finally told Officer Mitchell that he thought his life was in

danger and he was in desperate 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 personal 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 look ed at him

and said with disgust, "So I've got 21 damn inmates to drag over to court

this morning." The 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 shackled

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 at a

very attractive female police officer as he motioned for the inmates 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, he 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 of her bulletproof bench. Sutton didn't really know what to do next,

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 a 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.

When 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 soon realized that he was almost in a state of shock .

Volunteer firemen started arriving on the scene and tending to the

wounded. The two highway patrol officers (who had pursued the suspect)

were just returning to the courtroom. They told deputies that the only

stairway leading from the courtroom was so crowded they 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 look ing rifle. I couldn't believe it when he pointed that thing and just

started shooting at 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."

When the sheriff arrived on 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 be 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 they 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 Looks 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

(4) Logging-in attorneys and parties for hearings and

appointments

(5) Call names of parties and witnesses

(6) Transferring important documents and money

c. And finally, there is a category of duties of a bailiff which

are not directly related to law enforcement or clerical work:

(1) Work with the clerk of court’s office in coordinating

the physical maintenance of the courtroom

including seating arrangement, working condition of

microphones, lighting, air conditioning, janitorial

services, etc.

(2) Obtaining supplies required by the judge




(3) Perform other tasks assigned by the judge

2. Court officer positions

NOTE: Show slide, “Court Office r Positions.”

Most courts have a "bailiff" who serves as authority to assist the

court in maintaining order in the courtroom. One definition of a

bailiff is a court officer who seats witnesses and spectators,

announces the entrance of the judge, and keeps order in the court.

Another, more current definition of a bailiff is a court officer who

guards the participants of a trial, maintains order in the courtroom,

announces the opening and closing of court, calls witnesses and

other persons to appear in court, attends to other matters under

the court’s direction, and may maintain secure custody of

defendants while in court. His or her duties may include both

security and clerical functions.

In addition to a bailiff, or in lieu of one, there is also the position of

"courthouse security officer." A courthouse security officer can be

described as: A person who is responsible for the security of the

courthouse. In some jurisdictions his or her responsibility may be

limited to the courtrooms and related spaces, such as judge’s

chambers, jury deliberation rooms, and spaces occupied by

officers of the court, such as the defense and district attorneys.

3. Procedures for bailiffs prior to opening of court1

a. Bailiffs should report to duty at the clerk of court’s office.

The bailiff may be requested to sign a sign-in sheet.

b. Bailiffs should be generally available to direct prospective

jurors to clerk’s office or courtroom.

c. Bailiffs should check the jury room for needed supplies and

make sure it is clean.

d. Bailiffs should check the arrangement of the courtroom and

provide fresh water and clean glasses for the judge and

counsel. It may be advisable to have a few extra clean

glasses on hand in case a juror should need a drink of

water.

The bailiff should let the judge know when everyone is ready to

proceed, or let the persons in the courtroom know that the judge




wishes to proceed. If a criminal defendant is in custody it may be

the bailiff’s duty to call the jail (sheriff) before convening. The

defendant should be brought in and seated with counsel before the

jury is summoned. The defendants should not be paraded through

or among the prospective jurors in the hall while handcuffed or

manacled. The bailiff should check with the judge as to whether

handcuffs or manacles should be removed after the defendant

reaches the courtroom. In most instances the judge will have

them removed, but if in the judge’s opinion there is a security risk,

he may order otherwise. The bailiff escorts the jurors to and from

the jury box seeing that witnesses and spectators do not mingle

with jurors. If the bailiff observes such interactions, his/her

observations should be brought to the attention of the judge. It

may be helpful if jurors are provided with badges.

You are never to become a spectator in the courtroom. You are

an officer of the court and on duty at all times in the court from the

time it is called into session until it adjourns.

During the course of the trial, it is advisable to sit where you can

observe the actions of those in the courtroom and be where the

judge can catch your eye if he needs you. Also, sit where you can

observe the jury. Be aware of things such as someone clearing

his throat or coughing. The bailiff is charged with the duty of

preventing all unnecessary noise, disturbances, or conversations

in the courtroom, adjoining corridors, or rooms.

Remember, you are part of the court process, and as such you

must be impartial at all times. If something shocks you, or evokes

laughter, keep it to yourself. Your facial expressions or actions

could easily influence the jury--something which you must never

do.

During the trial, the bailiff may be approached by attorneys or other

persons not involved in the trial at hand to relay messages to the

judge. These messages should be relayed to the judge as soon

as practicable by writing such messages on a slip of paper and

handling it inconspicuously to the judge while he is on the bench."

4. Cries

NOTE: Show slide, "Bailiff Cries."

It is for the judge to decide when and how court is to be cried to

order, recessed, or adjourned. Often this duty falls on the clerk. If




your judge wants you to open court, the following formula is

suggested.

“Oh Yez! Oh Yez! Oh Yez!" Anyone attending court has heard the

bailiff open court, call out defendants, or recess court for the day.

Although these cries are ceremonial in nature, they are an intricate

part of the judicial system. There are many different "cries" the

bailiff must memorize and be able to speak in a loud clear voice.

Although the court bailiff handles most of these duties, it is not

uncommon for the judge to ask any deputy sheriff in the courtroom

to "call out a defendant" or "recess court." Any law enforcement

officer that works in a sheriff's office should have a copy of

the ir department’s Bailiff Cries. It may prevent an

embarrassing situation from occurring for the officer and their

department. Some sample cries are:

Example 1 ALL RISE.

O Yez! O Yez! O Yez! This honorable court is now open and

sitting for the dispatch of its business. The honorable (name of

judge) presiding. God save the state and this honorable court.

PLEASE BE SEATED.

Example 2 ALL RISE

O Yez! O Yez! O Yez! This honorable court now stands

adjourned until (date or time). God save the state and this

honorable court.

Example 3

O Yes! O Yes! O Yes! This honorable court has now resumed its

sitting for the dispatch of business. God save the state and this

honorable court.

PLEASE BE SEATED.

Example 4

O Yes! O Yes! O Yes! (defendant's name three times) Come into

court this day as you are bound to do or your forfeiture will be

recorded and an Order for Arrest issued.

Example 5

O Yes! O Yes! O Yes! (witness's name three times) Come into

court this day as you have been subpoenaed to do or you will be

fined.

Example 6




O Yez! O Yez! O Yez! Ye good men and women who have been

returned to serve as jurors at this honorable court answer to your

names, each or you, and save your fines.

Example 7 CIVIL COURT - CALL PLAINTIFF

(NAME), (NAME), (NAME) Come into court and prosecute your

action or your action may be dismissed.

Example 8 CIVIL COURTS - CALL DEFENDANT

(NAME), (NAME), (NAME) Come into court and defend yourself or

judgment may be entered against you.

Example 9 FINAL CLOSING AT END OF OFFICIAL TERM OF

COURT

ALL RISE. O YEZ, O YEZ, O YEZ. This honorable court now

adjourns sine die. God save the state and this honorable court.

(Court call formerly used - sometimes requested by out-of-town

judges. Also used when judge retires - closing of court - last day

on bench.)

5. Maintenance of order and security

The bailiff is responsible for the security of the court and

courtroom to which he is assigned. This includes, but is not

limited to the following:

A thorough inspection each morning of the courtroom, anterooms,

closets, jury room, interview rooms, judges bench area, and

chambers. He/she is to be alert for any unusual boxes, packages,

or suspect devices. This type of inspection should be conducted

before the beginning of each court session and may be conducted

otherwise as circumstances dictate.

Allow no one, except lawyers and persons specifically called as

witnesses to approach the bench unless by permission of the

court. If a spectator is observed moving toward the bench, stop

him immediately. Determine his/her business with the court and

proceed accordingly. The bailiff is responsible for the safety of the

judge and court staff.

During court sessions the bailiff is the responsible officer of the

court for the maintenance of order. He/she is charged with the

duty of preventing all unnecessary noise, disturbances, or

conversations in the courtroom, adjoining corridors, or rooms.

He/she will inform all persons in the court that there shall be no

smoking while court is in session and enforce this rule. Upon




instruction of the court he/she shall also evict all persons who are

creating a disturbance or refusing to follow the rules and orders of

the court. One of the most effe ctive tools the court can

utilize in maintaining order in the court is the contempt

powe r of pre siding judge . (G.S. 5A-11 e t.se q.)

In those cases where a defendant in a criminal trial is unescorted

by an officer, the bailiff will assume responsibility for safeguarding

against his/her attempting escape from the courtroom. In those

cases where the defendant is free on bail, the bailiff need not be

concerned as to his/her freedom of movement but should be alert

for signs of disruptive behavior. It would be well to check with the

sheriff prior to trial and learn what is known of the defendant; does

he/she have a record for violent crimes, assault, etc.

Unless otherwise directed by the judge, no cameras, recording

devices, radio transmitters, or receivers should be allowed in the

courtroom.

A bailiff’s security responsibilities do not end in the courtroom; they

are also responsible for security outside the courtroom. The bailiff

may be requested to escort judges, attorneys, and witnesses to

and from the courtroom. Bailiffs are even required to transport

some judges to and from meals and even to their accom-

modations for the night. They may be requested to search the

courtroom before and after each court session. Bailiffs may be

required to operate metal detectors during some trials, or in

others, be requested to personally search each individual before

they enter the courtroom. The scope of any such search will be

determined by the presiding judge or by departmental policy.

Bailiffs (and personnel assisting) may even be required to provide

24-hour-a-day protection to jurors and witnesses in major tr ials.

Bailiffs also have the duties of controlling the movement of the

news media during high profile cases. The presiding judge makes

the determination of the extent of access the news media has

during a specific trial, but the court bailiff has the responsibility of

ensuring the media complies with those orders.

6. Prisoners

NOTE: Show slide, “Prisone rs.”

The bailiff is also responsible for utilizing proper prisoner restraints

and ensuring the secure transportation of prisoners to and from

the courtroom. Every person who is physically restrained thinks of

escape at one time or another. When prisoners are outside the




secure perimeter of the jail, they believe their opportunity for a

successful escape is greater. During jury trials all restraints must

typically be removed from the defendant. However, according to

G.S. 15A-1031, Custody and Restraint of Defendant and

Witnesses:

A trial judge may order a defendant or witness subjected to

physical restraint in the courtroom when the judge finds the

restraint to be reasonably necessary to maintain order, prevent the

defendant’s escape, or provide for the safety of persons. If the

judge orders a defendant or witness restrained, he must:

a. Enter in the record out of the presence of the jury and in the

presence of the person to be restrained and is counsel, if

any, the reasons for his action; and

b. Give the restrained person an opportunity to object; and

c. Unless the defendant or his attorney objects, instruct the

jurors that the restraint is not to be considered in weighing

evidence or determining the issue of guilt.

If the restrained person controverts the stated reasons for

restraint, the judge must conduct a hearing and make findings of

fact.

Some judges require restraints to be removed from defendants in

non-jury trials. Since having an unrestrained inmate in custody

heightens the ability to escape, bailiffs must keep inmates under

constant observation. Bailiffs must properly position themselves in

the courtroom and remain alert to possible escape attempts which

may be assisted by the public. The court bailiff also has the

responsibility for the safety of the prisoners in their custody and

must protect them from possible attacks from individuals in the

courtroom.

7. Jury selection2

"When the first juror’s name is called by the clerk of the court,

direct him to the jury box. When twelve jurors have been selected,

voir dire, or questioning of the panel begins. The bailiff has no

active part in this process, but should remain in the courtroom,

observing the actions of spectators and jurors to ensure that

everything is going smoothly and that there are no distractions.




When the jury has been selected and has their first recess, inform

them on the protocol of the courtroom. Be sure to give them

instructions as to entering the courtroom in the right seating order,

and stand by them the first time and make sure they are lined up

properly. It may be helpful to provide a jury seating chart for the

jury room."

8. Exclusion of witnesses3

"On occasion, during a trial, attorneys may request that all

witnesses be excluded from the courtroom, except for the witness

testifying. The bailiff will, upon order of the court, dismiss and

exclude the witnesses from the courtroom and instruct them to

stay nearby in the adjoining corridor so that they may be

summoned as needed. It is counsel’s duty to prevent their

witnesses from actually entering the courtroom. However, you

may wish to adhere to the following procedure: Stay near the door

as the trial proceeds and as people enter, ask if they are

witnesses. If they are witnesses, instruct them that all witnesses

have been excluded from the courtroom and quietly usher them

out. After excluded witnesses are called and conclude their

testimony, they are excused and again excluded from the

courtroom unless they have been permanently excused as

witnesses, in which event they may seat themselves in the

courtroom and listen to the trial, if they so desire. When a witness

is called from the corridor, ask the witness to follow you to the front

of the courtroom, raise his right hand and be sworn. Then direct

him/her to the witness chair.

a. Recesses

In order that the jurors can fulfill their duty it is important

that they are protected from overhearing comments about

the case from the parties or other persons. Therefore,

during the course of the trial, when the court takes its

recesses or if the jury is excused while the court is in

session, the bailiff will direct the jurors to the jury room or

make such other provision for them that the court deems

appropriate. They should be instructed that they remain

together where directed except upon permission of the

court and that any requests they might have should be

directed to the bailiff.

b. View of the premises by jury




On occasion, when the court deems it advisable, the jury

may be ordered to view certain premises--the subject

matter of litigation or the place where a material fact of the

litigation occurred. In the event that the jury is ordered to

view the premises, the jury will be in the custody of the

bailiff. He/she will not permit anyone except the judge or

such persons as the judge allows to speak to them. Nor

shall he/she permit the jurors individually to take any

measurements or conduct experiments at the site during

this period.

c. Instructions

When the presentation of evidence by opposing counsel

has been concluded and counsel have rested their

respective cases, the judge will give his/her instructions to

the jury. After the judge gives his instructions, final

arguments of the counsel are presented. Prior to the close

of the case the bailiff will go into the jury room and see that

it is ready for the jurors to deliberate. In this regard, see

that the jurors have sufficient paper, pencils, coffee, etc.,

and that all items, such as newspaper, magazines,

periodicals, cards, games--everything not having to do with

the case--are removed. This may be done while the judge

is reading his instructions to the jury, thus permitting the

jury to retire to deliberate immediately on the case being

given to them.

9. Jury deliberations

NOTE: Show slide, “Jury Delibe rations.”

When the case has been turned over to the jury, the bailiff ushers

the jurors to the jury room, taking with him/her the verdict forms.

Diagrams, blackboards, and projectors are often used for

illustrative purposes in the courtroom but generally are not offered

into evidence or received in evidence. Any item not received in

evidence should not go to the jury room unless specifically

indicated by the judge. (Sometimes projectors are permitted in the

jury room with permission of the judge, though not received in

evidence, in order that the jury may view slides or movies which

have been offered and received into evidence.) The jurors may

previously have been instructed that any requests for telephone

calls, messages or questions must be in writing. These may be

collected when the exhibits and instructions are being given to the

jury.




Upon leaving the jury room, the bailiff should lock the door, which

should remain locked while the jury is deliberating except for taking

and/or relaying messages or working tools. The bailiff should not

enter the jury room during deliberations, but makes himself/herself

available to the jury by remaining within summoning distance of the

jury room. If during deliberation any questions or messages are

requested, they must be in writing and given to the bailiff. If the

jurors have a question, message, or request, they will summon the

bailiff. Any request by jurors will then be governed by the judge’s

instructions. The bailiff should not deliver any communication or

working tool to a juror without permission of the judge. It is

important that families know if a juror is to be delayed and the bailiff

may make requested calls of this nature.

a. Lunch or dinner during deliberations

If lunch or dinner time arrives, unless directed otherwise by

the judge during the trial, the bailiff will knock on the door

and ask if they wish to eat. They may have food brought in

(usually for lunch) or they may elect to eat out (for dinner).

The bailiff may be requested to call and make reservations.

He/she will ask the members of the jury to form a car pool

with no more cars than necessary. They should be

instructed to stay together in an orderly fashion to and from

the restaurant and cautioned not to speak or communicate

with persons other than the jurors or bailiff. They should

also be instructed not to discuss the case outside of the

jury room even among themselves. Before leaving, the jury

should be asked to use the restroom facilities in the jury

room as they should not use the facilities at the restaurant

for fear of violating the rules of sequester. If they wish to

purchase candy, tobacco, or other such items they may do

so in the company of the bailiff. The jury room will be

locked as soon as empty. The check for the cost of the

meals shall be signed by the bailiff and a copy kept by the

bailiff and submitted by him/her to the clerk for payment,

unless the county provides other means of payment.

b. Custody of jurors overnight

When the judge indicates that he will sequester the jury

overnight, the bailiff may be requested to make

reservations for housing the jury overnight at a local motel

or hotel designated by the judge. At the same time the

bailiff should make reservations for the jurors’ breakfast.




Duties of the bailiff will vary depending on departmental

policies and instructions from the judge. The judge may

inform the jurors or have the bailiff inform them of the

overnight sequestration, and upon authorization of the

court, the bailiff will request the jurors to make notes of

phone numbers and personal messages to be relayed to

their families. These calls will be made by the bailiff and

should be conveyed accurately from notes made by the

jurors as soon as practicable. It would be advisable to

keep these notes until completion of the trial and

instructions from the court as to their disposition.

The bailiff will escort the jurors to the jurors’ housing facility

and the same safeguards taken in regard to

communications to and by the jurors. Upon reaching the

housing facility, the jury will be taken directly to the

designated area and rooms will be assigned. Female

jurors will be separated from male jurors. Two bailiffs may

be needed, one male and one female. The bailiffs should

keep notebooks and enter in them the names of all jurors

and the rooms to which they are assigned. The woman

bailiff will assist the women.

The bailiffs are responsible for keeping outsiders from

areas where the jurors reside. The telephone operator will

be informed that no incoming or outgoing calls are to be

permitted for these assigned rooms. Telephone calls for

any juror will be connected to a bailiff’s room. The bailiffs

should also have the operator call early enough in the

morning for them to waken the jurors.

The management should be instructed that the jurors are

not to be contacted in any way by any personnel except to

release them in case of fire or other disaster.

At the discretion of the judge, and if facilities are available,

jurors may be allowed to assemble in one of the rooms

before retiring for the night, where they may talk, play

cards, listen to the radio, or watch television. If the jurors

are allowed to listen to the radio or television, the bailiff

should monitor the programs so that jurors will not listen to

or watch any programs which may report the case at hand

or cases of a similar nature.

In the morning, a bailiff will assemble the jurors for

breakfast and take them to breakfast, taking the usual




precautions. As soon as practicable, the jury will be

returned to the courthouse and their jury room for further

deliberation.

c. Verdict

When the jury reaches a verdict, the bailiff will so inform

the judge. The judge may instruct the bailiff to inform the

attorneys and other necessary court personnel. When all

of the interested parties have assembled, the bailiff should

inform the judge. After the judge takes the bench, he/she

shall instruct the bailiff to bring in the jury. The bailiff will

then proceed to line up the jury again and bring them into

the courtroom. After the jury is seated in the jury box, the

judge will ask the foreman if they have reached a verdict.

Upon an affirmative answer, the bailiff will secure the

verdict form from the foreman and hand it to the judge.

After the verdict is announced and the jury is no longer

needed, the bailiff should go to the jury room, gather the

exhibits and instructions and return them to the clerk as

soon as possible. Destroy any notes jurors have made for

themselves. After the court adjourns return previously

removed possessions to respective jurors. Assist any

juror who may need help arranging transportation."

10. Proper seating arrangements

To be effective at assisting with courtroom security, each officer

must know the proper seating arrangements for prisoners and

officers. Since restraints are commonly removed in the

courtroom, inmates must remain under constant observation.

Departmental policy usually dictates proper seating arrangements

for inmates as well as officers. Usually the seating arrangements

for officers and inmates are designed to best suit the configuration

of the courtroom. Most courtrooms have designated areas for

inmates which can vary from the jury box in some courtrooms to

the front row of public seating in others.

NOTE: Proper use of restraints is covered in "In-Custody

Transportation."

During criminal trials and the sentencing phase, most defendants

are required to sit at the defense table. When bailiffs are the only

security in the courtroom, the bailiffs normally position themselves

near this area. They usually stand to the side of the defense table




and between the inmate and the judge. This is an ideal position to

watch the inmate and still provide security to the judge and

courtroom personnel. Standing in this area also provides the bailiff

with a good overall view of the courtroom.

During high risk trials, an unarmed officer may be assigned to sit

directly behind the inmate. This officer is usually the only one to

come into direct contact with the inmate and control his

movements. During an emergency or escape attempt, this officer

can confront the inmate "without the concern of involving a

firearm." This officer is also in a good position to prevent

contraband from being passed to the inmate and to prevent any

contact from the public.

Due to the various security considerations, officers may be

assigned to stand in specific locations to provide security,

depending on the circumstances. They may be assigned a

specific door to guard, a hallway, or corridor. Officers may even

be designated to guard and monitor a particular individual or a

group (hostile witness, victim's family, jurors, etc.). Regardless of

the location or assignment of the officer, they must always remain

alert and aware of their surroundings. Past history has proven that

courtrooms can be a very unpredictable place to work. Hours of

boredom can be replaced with sheer terror in a matter of seconds.

Officers must be prepared to handle the many types of situations

that can occur in the courtroom.

11. Liaison officer

NOTE: Show slide, “Liaison Office r.”

The court bailiff is the critical communication link between the

courtroom and the jail. Bailiffs have to be very knowledgeable in

the functions of the court and familiar with the various types of

paperwork (commitments, writs, bond surrenders, etc.) which flow

to and from the jail. Bailiffs often have the responsibility of

ensuring vital information from the jail (notice of appeals, etc.)

reaches the courts. They may also have the responsibility of pro-

viding the jail with all dispositions that occur in the courtroom

regarding inmates. Situations have occurred where inmates were

released in court, but that information never reached the jail. This

resulted in the inmate being incarcerated longer than he/she

should have.

Since bailiffs may have to spend a considerable amount of their

time around the county jail; they should be as familiar as possible




with jail policy and procedures. Bailiffs need to obey jail rules and

maintain proper custody of inmates while in the jail facility. Since

detention officers can provide the bailiff with vital information

concerning the mental and physical conditions of their prisoners;

they should maintain a good avenue of communication with

detention officers.

NOTE: Show v ide o, Courtroom Security (25 minutes).

12. Qualifications

It is left to the sheriff’s discretion whether sworn or non-sworn

personnel are used as bailiffs.

B. Searches

NOTE: Show slide, “Searches.”

1. Searches are a major component of courtroom security. The

timing and scope of any search should be set forth by

departmental policy and presiding judge’s orders.

2. Searches

When discussing any comprehensive security measures, law

enforcement officers must always address the issue of searches.

One of the most effective tools officers can utilize in the prevention

of contraband (unauthorized items) and weapons from entering

the courtroom is comprehensive searches. Anytime a sheriff

requests additional security for a trial, searches will be

incorporated into their security plans.

a. Contraband

Contraband is defined as any unauthorized item in a

prisoner's possession that threatens the security and

safety of a facility, staff, and prisone rs. Contraband can

be manufactured, obtained, or carried into a facility. It is

important to remember that contraband can vary from one

facility to another (cigarettes would be considered

contraband in a "No-Smoking" facility, etc.).

NOTE: Show video Safe Cells and Body Search

(30 minutes).

b. Cell searches




To deter escape attempts, provide officer safety, and

prevent weapons and contraband from entering the

courtroom, a thorough search should be made of the

holding cell prior to receiving prisoners.

c. Four basic rules that apply to the searching of cells:

NOTE: Show slide, “Four Rule s for Ce ll Searches.”

(1) Look be fore you touch. Razor blades, broken

glass, and sharpened wire may be placed to cause

injuries.

(2) Be thorough. Develop a tool kit for cell searches.

It should contain:

(a) A putty knife

(b) Metal wire probe

(c) Mirror

(d) Hammer

(e) Pliers

(f) Screwdriver

(g) Flashlight

(h) Small clear bag for contraband

(i) Labels/pen

(j) Gloves

(k) Other safety equipment as directed by

departmental policy (glasses, gowns, etc.)

(3) Be systematic. Develop a system for conducting

searches. Ideally, the system should follow the

facility policy and procedures but should dictate

conducting the cell search the same way every

time.




(a) Open and close the door while inside - see

what the inmate sees.

(b) Check the lock - probe.

(c) Check the bars - hammer.

(d) Check the sink/toilet.

(e) Check table/chairs.

(f) Check windows.

(4) Be curious. Check everything.

d. Procedures for conducting a holding cell search

NOTE: Show slide, “Holding Cell Searches.”

Prior to beginning any search, officers should take nec-

essary safety precautions to avoid any health risk. Each

department should establish or outline safety precautions

and what equipment officers will use to conduct holding cell

searches. (Remember, this was discussed in the In-

Custody Transportation block of instruction.) All

searches must be conducted in accordance with

departmental policies and according to state laws and

statutes.

(1) Officers should conduct a clothed body search of

an inmate and then remove him from the holding

cell prior to a holding cell search.

(2) Maintain a record of all holding cell searches and

record any items of contraband or items

confiscated.

(3) Establish a search procedure or pattern (how many

officers searching, who is responsible for what

area, etc.).

(4) Examine all benches, chairs, restraint seating, or

any furnishings in the holding cell.

(5) Probe any holes or cracks in wall, floors, and ceil-

ing.




(6) Check light fixtures, mirrors, and air vents.

(7) Check bottom of wash basin and toilets inside and

out.

(8) Probe sinks, drains, faucets, and drinking fountains.

(9) Examine window frames, doors frames, and over-

head ventilators.

(10) Examine openings in cell door tracks--check all

crossbars and locks to see if they have been

tampered with.

(11) Examine any inmate property found in the holding

cell (clothing, books, magazines, or any personal

property). Note: Care must be exercised if the

officer encounters privileged mail during this

examination. Privileged mail is entitled to

substantially more protection than general mail and

should not be read. Privileged mail, while afforded

greater protection, may however be examined for

contraband. Privileged mail includes mail to or from

attorneys, court officials, and other government

officials.

(12) If contraband is found, call another officer to act as

a witness. Place contraband in plastic bag (or

suitable container) and label. Identify location and

time found.

(13) Record found contraband, escape attempts, or any

unusual findings to your immediate supervisor.

Document your findings through appropriate

departmental procedures (incident report, log entry,

etc.).

(14) Disposition of any found contraband or

unauthorized property should be in accordance with

departmental policy and procedures. When in

doubt about the disposition of contraband (disposal

or retained as evidence), always contact your

supervisor.




NOTE: Hav e stude nts perform an actual holding cell

search.

e. Procedures for conducting courtroom searches

NOTE: Show slide, “Courtroom Searches.”

Courtroom searches should be performed to enhance

courtroom security. All searches should be performed in

accordance with state law and departmental policy.

Courtroom searches should be initiated by personnel

overseeing courtroom security or at the request of the

presiding judge. These searches are normally conducted

before the opening of court, after the lunch break (if the

courtroom is not locked), or after court has been recessed

for the day. Emergency situations such as bomb threats

may require the presiding judge to recess court so a

thorough search of the courtroom can be performed.

The four basic rules that apply to the searching of cells

should also be utilized in courtroom searches. (Look

before you touch, be thorough, be systematic, and be

curious.)

(1) All non-essential personnel should be removed

from the courtroom before conducting search.

(2) Since courtrooms are large open areas, always

establish a search pattern or procedure (who is

responsible for what area, etc.). Thorough, syste-

matic courtroom searches can be conducted by

just one officer, but having additional personnel will

greatly decrease the time required to complete the

search.

NOTE: As with any search, safe ty and se curity

precaution nee d to be implemented including

universal precautions.

(3) As in cell searches, any contraband found should

be documented and disposed of in accordance with

state law and departmental policy.

(4) Officers should spend a great deal of time checking

areas where inmates will be seated. Tables and

drawers should be closely checked and any items




that could possibly be used as a weapon (pens,

pencils, scissors, etc.) should be removed.

(5) Examine all benches, tables, chairs, or any furnish-

ings in the courtroom.

(6) Check light fixtures, air vents, ashtrays, trash cans,

floors, and ceilings.

(7) Search jury room, judges chambers (if authorized),

or any other rooms adjourning the courtroom.

(8) Examine hallways, storage rooms, bathrooms, and

any other areas that may pose a threat to the

courtroom.

(9) After the search is complete, take the time to view

the overall courtroom. Sometimes you can notice

things that may pose a potential security threat.

Visualize a trial in progress and the courtroom full of

people. Ask yourself questions: Is there any

potential security threats such as the flags in the

courtroom (usually with sharp points)? Are they too

close to the witness chair? Would you have a clear

path to the defendant if he decided to run (chairs or

tables blocking your path)? Are there doors in the

courtroom that could be locked for better security

(but still be in compliance with fire code)?

f. Procedures for conducting searches of persons entering a

court facility

Searching persons entering the court facility is another

means of providing additional security for the courtroom.

We have already discussed the potential for dangerous

situations and the deadly results of weapons entering the

courtroom.

Searching the general public is always a sensitive issue

and should only be performed in accordance with clearly

established departmental policy and the presiding judge’s

orders (G.S. 15A-1034).

(1) Magnetometers (metal detectors) are routinely used

in searching the general public. This is one of the

least intrusive means of searching visitors and




courthouse personnel. Most modern courthouses

have one entrance for the general public with a

built-in magnetometer. Larger courthouses even

have X-ray machines at the public entrance to

screen packages and briefcases. It is important

to note that the re should always be appropriate

signs posted notifying the public they will be

subject to search. An officer is always placed at

this station and is responsible for ensuring no

individual enters without passing through the metal

detector. Officers usually instruct individuals to

place any metal objects (car keys, chains, ink pens,

etc.) into a tray before passing through the metal

detector. Officers usually start from the top of an

individual and work down with the handheld

magnetometer. They must ensure they check both

sides of the person and thoroughly go over the

torso, arms, and legs of the individual. Usually a

"beep" will sound when the unit is passed over an

area containing a metal object. If the alarm sounds

on an individual, the officer will ask them to remove

any other metal objects they may have on them and

require them to pass through the machine again.

This process is repeated until the individual is clear

of any metal objects.

(2) Clothed body or "pat down" searches may also be

used in courtroom security. These searches may

be required for prisoners, witnesses, or the general

public where reasonable suspicion exists that

weapons or contraband are entering the courtroom.

Example: A positive reading on the metal detector.

Clothed body (pat down) searches should also be

conducted in accordance with departmental policy

and the presiding judge’s orders. Procedures for

conducting a pat down search are the same as

learned in the "In-Custody Transportation" block of

instruction.

(3) Strip searches may also be required in some

situations to ensure courtroom security. These

searches are v ery intrusive in nature and

should only be conducted whe n probable

cause exists that weapons or contraband are

entering the courtroom. These searches should

also be conducted in accordance with departmental




policy and the presiding judge’s orders.

Procedures for conducting strip searches are also

covered in "In-Custody Transportation."

NOTE: Using metal dete ctors, clothed body

searche s and safe ty pre cautions, conduct

practical exercise of searching persons

entering courtroom. Giv e the stude nts sample

guidelines (presiding judge's orders) for

performing searche s.

C. High Risk Trials

During high risk trials some agencies may use the team concept in

providing security. Personnel are divided into teams which are assigned

to various functions. Individuals in teams can concentrate on a specific

assignment and provide a more structured form of security.

NOTE: Show slide, “Security Teams.”

1. Court Team

The court team consists of a team leader and any number of

security officers. This team provides security for the courthouse

and courtroom. This team becomes intimately familiar with the

exterior and interior of the building. On a daily basis during the

trial, they search the exterior of the building and the courtroom

itself. This search is thorough--looking for people hiding, bombs,

safety, i.e., fire equipment, alarms, emergency lighting, listening

devices, keys, and key control, etc.

When court is not in session, the courtroom should be locked at all

times. In high threat trials you may want to post a security officer

in the courtroom whenever and for as long as court is not in

session. Sometimes the courtroom locks may be changed or

re-keyed so that only court security personnel can lock and

possess the only keys.

2. Inmate Team

Members of this team are unarmed to preclude the possibility that

an inmate/prisoner could reach and use a team member’s weapon

or an accomplice could seize the weapon. If armed security is

necessary, request additional officers to provide lead and chase

vehicles with armed officers. Hand-pick the prisoner team; match

team members with prisoners; large team members with large




prisoner; female with female prisoner. Strip search and shackle

before leaving courthouse. Because everyone knows where the

jail is and where the courthouse is, the greatest amount of danger

is when you depart the jail. SWAT team deployment may be

considered for placement on the upper floors or rooftop of the jail if

necessary. The same is true at the courthouse.

When transporting, there should be as many different routes as

possible, avoiding routes with frequent stops. Vary the times of

the transport. Prisoners should be delivered at odd hours, i.e.,

0530, 0730. Prisoners are fed in the holding cell during the

mid-day recess. When the team concept is used there must be

communication between all teams involved and the other transport

vehicles as well as the destination.

Most of the time, prisoners are not shackled in the courtroom

when jurors are present. A suggested procedure is for the

prisoner defendant to remain in the courtroom at his/her seat until

the judge and jury have departed. Once they have left the

courtroom, then shackle and move your prisoner. However, the

judge may request prisoners that are viewed as dangerous to be

restrained (G. S. 15A-1031). If he does not want the shackles

visible, there are devices or ways to deceive the jury. For

example, officers may completely cover both attorney tables with a

skirt and then use handcuffs and leg irons with the prisoner.

Remember, we have a witness team member directly behind the

prisoner's chair with his foot on the chair. There are other devices

such as a leg brace worn under the pants leg. There are also

chairs with leather wrist cuffs and ankle cuffs fixed to the chair. In

this case, it is a good idea to bolt the chair to the floor or place a

heavy weight on the chair legs. If this is to be done, get the judge's

approval. Normally, this is not done until the prisoner becomes

unruly.

3. Jury Team

The primary responsibility of the jury team is to provide protection

for the jurors. While safety is a priority, they also see that no one

speaks with or passes notes or that they read or watch what could

or does inform them about the trial. In high threat trials, the jury

may be sequestered and this team is the only team to deal with

jurors. During deliberations, members of this team may stand

guard at the door of the jury room. This post can be for 24 hours;

however, in most cases the lock of the door can be

re-keyed/changed for the duration of the trial. The jury room

should not be bugged, have no telephones, video cameras, radio,




television, or newspapers. The security officer has a duty to

prevent introduction of any of the above items into the room.

Messages from the jury to the judge are passed on by a member

of this team.

4. Witness Team

This team operates much the same as the prisoner team. The

team is responsible for the safety and security of the witnesses.

Witnesses can be kept in a jail, safe house, and with proper

security in their home. In some instances the witnesses are

housed in motels or hotels and are moved within the motel/hotel or

moved to different places frequently. Witnesses need a safe,

secure room to wait in the courthouse. This team also has to

develop a contingency plan to deal with any situation that may

arise concerning witnesses (hostile witness, victim, or defendant’s

family, etc.). Witnesses are usually transported by team

members. All teams need to communicate in order to keep

informed of potential problems in the courtroom (i.e., family

members becoming agitated or hostile or possible confrontation).

5. Judges Team

This team may be formed when there has been a threat made

toward the trial judge and/or members of his/her family, or if the

judge asks for this protection. The judge and/or his family is

provided close personal security on a 24-hour basis. Depending

on the nature and validity of the threat, the family may be

requested to remain inside their home or be moved to a safe

house.

6. Additional procedures for courtroom security

Along with the team concept, there are numerous other proce-

dures that are designed to assure the safety and security of all

persons who enter a county courthouse. Providing any security is

an on-going process. Listed below are additional security

procedures an agency might want to consider when developing

policies and procedures.

NOTE: Show slide, “Additional Security Proce dure s."

a. Develop detailed security plans. Determine both

short-term objectives and long range goals for the security

of the courthouse.




b. Conduct a Physical Security Survey to identify weaknesses

in courthouse security.

c. List security problems and consider possible solutions to

those problems, including operational, technological, and

architectural remedies.

d. Address budget restrictions and the negative impact on

courthouse security.

e. Review courtroom security to ensure compliance with legal

authority.

f. Meet with judges, district attorneys, and other courthouse

personnel. Discuss how their roles impact on courtroom

security.

g. Prepare a comprehensive policy and procedures manual to

cover:

(1) Overall courthouse security

(2) Sequestered juries

(3) High risk trials

(4) Emergency situations

(5) Transporting prisoners

(6) Searches

(7) Escape attempts

(8) Controlling spectators

(9) News media

III. Conclusion

A. Summary

Proper courtroom security can only be achieved by being "pro-active," not

"re-active." Hopefully, additional training for new officers will help reduce

dangerous situations found in today's courtrooms.




This block is a general overview of courtroom duties. You have also been

introduced to techniques and procedures that are utilized in courtrooms

throughout the country. This lesson plan wasn't designed to make you an

expert on courtroom security or prepare you to instantly assume the

duties of a court bailiff. This information is only intended to heighten your

awareness of courtroom security and give you a general overview of the

operations of the courtroom. Officers permanently assigned to the

position of bailiff or court security should take a course in courtroom

security.

If you are employed by a sheriff's office there is a good possibility you will

be requested to assist with courtroom security during your career. Pay

attention to the various courtroom operations and the duties of the court

bailiff. Be familiar with emergency plans and know how to assist in case

of an emergency (bomb threat, fire, etc.).

NOTE: Show slide, “Training Objectiv es.”

B. Questions from the Class

C. Closing Statement

The court can be a tremendous responsibility for the sheriffs of North

Carolina and a very demanding place for a law enforcement officer to

work. Although this block of instruction could not possibly cover all the

information available on courtroom operations or security, it has given you

with a general overview of these important areas.




1. Catherine O’Connell, Handbook for Bailiffs (South Dakota: State Court

Administrator’s Office, 1979), pp. 1-5.

2. Ibid., pp. 2-3.

3. Ibid., pp. 5-10.

NOTES

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