COURT FACILITY EQUAL ACCESS POLICY

Transcription

1 COURT FACILITY EQUAL ACCESS POLICY Gvernment Cde (a ALEX CALVO COURT EXECUTIVE OFFICER CLERK OF THE COURT Superir Curt f Califrnia Cunty f Santa Cruz 701 Ocean Street Santa Cruz, Califrnia

2 Pursuant t Gvernment Cde sectin (a the Superir Curt f Califrnia, Cunty f Santa Cruz adpts the fllwing plicies: 1. Plicies fr State Curt Facility Access Prtecting Access t Justice Curts shall implement plicies permitting wide access t justice thrugh the use f pseudnyms, where feasible, apprpriate t prtect an individual s safety, and permitted by applicable state law. Curt persnnel are nt required t disclse citizenship r immigratin status infrmatin abut any persn, unless the requirements f Evidence Cde sectins 351.2, 351.3, and are met and such disclsure is specifically required by judicial warrant r rder, r by state r federal law. Curt persnnel shall nt inquire abut the immigratin status f an individual, including a crime victim r a witness, unless such inquiry is required fr the perfrmance f the curt persnnel s regular duties. Curt plicies reducing the frequency with which parties need t appear in curt shall be implemented, where feasible and permitted under applicable state law. Fr example, appearances may be waived fr cnferences where the parties appearances are nt needed t make decisins r prvide testimny, and technlgy may be used t permit remte appearances by phne r vide when pssible, as permitted under lcal rules, the Califrnia Rules f Curt, and applicable state law. All curt staff shall be trained n the requirements f these plicies, r a curt s equivalent plicies, and receive a cpy f the plicies. 2. Prtectins fr Specific Litigants Prtecting Children It is presumed that immigratin enfrcement des nt have a direct and legitimate interest in individual dependency prceedings nr in the wrk f the curt. In rder t prtect the best interests f children, arrests fr immigratin enfrcement purpses are prhibited within juvenile curthuses r curtrms unless there is an immediate risk t the safety and prtectin f the public. Prtecting Immigrant Crime Victims Curts shall require that, upn request, all hearing fficers cmplete U Nnimmigrant Status Certificatins (Frm I-918 fr immigrant crime victims f criminal activity listed n Penal Cde sectin , subdivisin (c, wh pssess infrmatin abut the qualifying criminal activity, unless the victim has refused r failed t prvide infrmatin reasnably requested by law enfrcement. Curts shall prhibit all hearing fficers wh have certified victim helpfulness n the Frm I-918 frm disclsing the immigratin status f a victim r persn requesting the Frm I-918 Supplement B certificatin, except t cmply with federal law r legal prcess, r if authrized by the victim r persn requesting the Frm I-918 Supplement B certificatin. 2

3 Respnding t Immigratin Training Curt Staff n Respnding t Immigratin Enfrcement Activity Curts shall establish prtcls fr use f Santa Cruz Superir Curt persnnel likely t receive in persn, written, telephnic, r electrnic requests fr infrmatin related t immigratin enfrcement. Curts shall identify nnpublic restrictin lcatins within the curt facilities. Santa Cruz Superir Curt persnnel shall be trained n wh may access restricted lcatins. Santa Cruz Superir Curt persnnel shall receive training regarding the different type f warrants, subpenas, and curt rders that may be presented t effect an arrest r t btain recrds in immigratin enfrcement actins. This training shall include the fllwing requirements: The ability t differentiate between administrative warrants and judicial warrants signed by a judge r magistrate. The ability t differentiate between administrative and judicial subpenas. The prcedure fr respnding t any warrant, subpena, r rder issued in cnnectin with immigratin enfrcement activities. Santa Cruz Superir Curt persnnel shall be trained that DHS administrative subpenas and federal curt subpenas d nt require immediate cmpliance despite the warning language that may be included n the frm. Subpenas shall be submitted fr review and a decisin (by the curt executive fficer, the presiding judge, their delegate, r curt cunsel n whether t cmply with r challenge the subpena. Santa Cruz Superir Curt persnnel are prhibited frm assisting in immigratin enfrcement actins, including by engaging in any f the activities listed in Gvernment Cde sectin , subdivisin (a, unless the exceptins set frth in sectin (as applicable t law enfrcement agencies are applicable. Respnding t Requests fr Access fr Immigratin Enfrcement Purpses As sn as pssible, curt persnnel shall ntify the curt executive fficer, the presiding judge, r designee, f any request by fficers engaged in immigratin enfrcement fr access t nnpublic restricted areas f a curthuse r any requests fr review f nnpublic curt dcuments. In additin t ntifying the curt executive fficer, the presiding judge r their designee, curt persnnel shall take the fllwing steps in respnse t the service f a subpena r a request fr access t execute an administrative arrest warrant. Advise the fficer that befre prceeding with his r her request curt persnnel must first ntify and receive directin fr the curt executive fficer, the presiding judge r their designee Curt persnnel shuld ask t see, and make a cpy f r nte, the fficer s credentials (name and badge number. Als ask fr and cpy r nte the phne number f the fficer s supervisr. Curt persnnel shuld ask the fficer fr his/her reasn fr being at the curthuse and nte the respnse. Curt persnnel shuld ask the fficer t prduce any dcumentatin that authrizes curt access. If the fficer rders immediate access t curt facilities, curt persnnel shuld nt refuse the fficer s rders and immediately cntact the curt executive fficer, the presiding judge, r their designee. State that Santa Cruz Superir Curt des nt cnsent t entry f Santa Cruz Superir Curt facilities r prtins. 3

4 Withut expressing cnsent, curt persnnel shall respnd as fllws if presented with the fllwing dcumentatin: An ICE administrative warrant (see Appendices A and B: Immediate cmpliance is nt required. Curt persnnel shall infrm the fficer that he r she cannt cnsent t any request withut first cnsulting with the curt executive fficer, the presiding judge, r their designee. Prvide cpy f the warrant t the curt executive fficer, the presiding judge r their designee (where pssible, in cnsultatin with legal cunsel as sn as pssible. A federal judicial warrant (either search and seizure warrant r arrest warrant; see Appendices C and D: Prmpt cmpliance with such a warrant is usually legally required, but where feasible, cnsult with the curt executive fficer, the presiding judge r their designee, befre prviding the fficer access t the persn r materials specified in the warrant. A subpena fr prductin f dcuments r ther evidence (see Appendices E and F: Immediate cmpliance is nt required. Infrm the fficer that curt persnnel cannt respnd t the subpena until after it has been reviewed by legal cunsel fr the curt. Prvide a cpy f the subpena t the curt executive fficer, the presiding judge, r their designee r legal cunsel as sn as pssible. A ntice t appear (see Appendix G: This dcument is nt directed at the Santa Cruz Superir Curt. Curt persnnel are under n bligatin t deliver r facilitate service f this dcument t the persn named in the dcument. If yu get a cpy f the dcument, give it t the curt executive ffice, the presiding judge, r their designee r legal cunsel as sn as pssible. If the fficer rders staff t prvide immediate access t facilities, curt staff shuld nt refuse the fficer s rder and immediately cntact the curt executive fficer, the presiding judge, r their designee. Curt persnnel shall nt attempt t physically interfere with the fficer, even if the fficer appears t be exceeding the authrizatin given under a warrant r ther dcument. If an fficer enters a restricted area withut cnsent, curt persnnel shall dcument his r her actins. Curt persnnel shall dcument the fficer s actins while in curt premises in as much detail as pssible, but withut interfering with the fficer s mvements. Curt persnnel shall cmplete an incident reprt that includes the infrmatin gathered as described abve and the fficer s statements and actins. T the extent practicable, all curt persnnel wh bserve any immigratin enfrcement actin taking place in, r in the immediate vicinity f, any curt facility. Shall reprt the incident t the curt executive fficer, the presiding judge, r their designee. 4. Respnding t Immigratin Enfrcement Activities Cllectin and Disseminatin f Persnal Infrmatin Unless necessary t perfrm ne s fficial duties, r required by law, curt persnnel shall nt: Inquire int an individual s immigratin status; Prvide t an fficer engaged in immigratin enfrcement, infrmatin regarding a persn s release date unless; (1 the fficer has a valid judicial warrant, subpena, 4

5 r curt rder; (2 the persn subject t the search has a criminal histry that meets the criteria f Califrnia Gvernment Cde sectin , subdivisins (a and (b; r (3 the infrmatin is available t the public; r Prvide t an fficer engaged in immigratin enfrcement, persnal infrmatin unless: (1 the fficer has a valid judicial warrant, subpena, r curt rder; r (2 the infrmatin is available t the public. Persnal infrmatin means any infrmatin that identifies r describes an individual, including, but nt limited t, his r her name, scial security number, physical descriptin, hme address, hme telephne number, educatin, financial matters, and medical r emplyment histry. All ther curt persnnel shall nt: Cllect and maintain persnal infrmatin, except as required by law r as necessary t perfrm ne s fficial duties. As an individual abut his r her immigratin status, except as required by law r as necessary t perfrm ne s fficial duties. Curt persnnel shall nt share infrmatin regarding any juvenile case file fr the purpses f immigratin enfrcement unless specifically authrized t d s by a judicial rder. Respnses t Requests fr Infrmatin fr Immigratin Enfrcement Purpses Curt persnnel shall nt prvide persnal infrmatin t any persn r entity fr immigratin enfrcement purpses, unless (1 such infrmatin is available t the public; r (2 is subject t a valid judicial warrant, subpena, r curt rder. Curt persnnel shall nt prvide infrmatin regarding a persn s release date r respnd t requests fr ntificatin by prviding release dates r ther infrmatin unless that infrmatin: (1 is available t the public; (2 is subject t a valid judicial warrant, subpena, r curt rder; r (3 is in respnse t a ntificatin request frm immigratin authrities in accrdance with Gvernment Cde sectin Curt persnnel shall nt use immigratin authrities as interpreters when an interpreter is necessary t cnduct the curt s business. Curt persnnel shall revise the terms and use plicies that permit access t their case management systems r any ther database that cntains nn-criminal histry infrmatin as fllws: All users f the curt s case management systems r any ther database that cntains nn-criminal histry infrmatin shall agree, as a cnditin t being prvided access t the systems and databases, that they shall nt access r use any infrmatin cntained within these databases fr immigratin enfrcement purpses, except that users are nt restricted in the use f criminal histry infrmatin and are nt restricted in the use f infrmatin regarding a persn s immigratin r citizenship status pursuant t Sectins 1373 and 1644 f title 8 f the United States Cde. 5

6 Appendix A Immigratins and Custms Enfrcement Arrest Warrant (Frm I-200 U.S. DEPARTMENT OF HOMELAND SECURITY Warrant fr Arrest f Alien File N. Date: T: Any immigratin fficer authrized pursuant t sectins 236 and 287 f the Immigratin and Natinality Act and part 287 f title 8, Cde f Federal Regulatins, t serve warrants f arrest fr immigratin vilatins I have determined that there is prbable cause t believe that is remvable frm the United States. This determinatin is based upn: the executin f a charging dcument t initiate remval prceedings against the subject; the pendency f nging remval prceedings against the subject; the failure t establish admissibility subsequent t deferred inspectin; bimetric cnfirmatin f the subject s identity and a recrds check f federal databases that affirmatively indicate, by themselves r in additin t ther reliable infrmatin, that the subject either lacks immigratin status r ntwithstanding such status is remvable under U.S. immigratin law; and/r statements made vluntarily by the subject t an immigratin fficer and/r ther reliable evidence that affirmatively indicate the subject either lacks immigratin status r ntwithstanding such status is remvable under U.S. immigratin law. YOU ARE COMMANDED t arrest and take int custdy fr remval prceedings under the Immigratin and Natinality Act, the abve-named alien. (Signature f Authrized Immigratin Officer (Printed Name and Title f Authrized Immigratin Officer Certificate f Service I hereby certify that the Warrant fr Arrest f Alien was served by me at (Lcatin n n, and the cntents f this (Name f Alien (Date f Service ntice were read t him r her in the (Language language. Name and Signature f Officer Name r Number f Interpreter (if applicable Frm I-200 (Rev. 09/16

7 Appendix B Immigratins and Custms Enfrcement Remval Warrant (Frm I-205 DEPARTMENT OF HOMELAND SECURITY U.S. Immigratin and Custms Enfrcement WARRANT OF REMOVAL/DEPORTATION File N: Date: T any immigratin fficer f the United States Department f Hmeland Security: (Full name f alien wh entered the United States at (Place f entry n (Date f entry is subject t remval/deprtatin frm the United States, based upn a final rder by: an immigratin judge in exclusin, deprtatin, r remval prceedings a designated fficial the Bard f Immigratin Appeals a United States District r Magistrate Curt Judge and pursuant t the fllwing prvisins f the Immigratin and Natinality Act: I, the undersigned fficer f the United States, by virtue f the pwer and authrity vested in the Secretary f Hmel Security under the laws f the United States and by his r her directin, cmmand yu t take int custdy and rem frm the United States the abve-named alien, pursuant t law, at the expense f: (Signature f immigratin fficer (Title f immigratin fficer (Date and ffice lcatin

8 Appendix C Federal Search and Seizure Warrant (Frm AO 93 AO 93 (Rev. 11/13 Search and Seizure Warrant UNITED STATES DISTRICT COURT fr the District f In the Matter f the Search f (Briefly describe the prperty t be searched r identify the persn by name and address Case N. SEARCH AND SEIZURE WARRANT T: Any authrized law enfrcement fficer An applicatin by a federal law enfrcement fficer r an attrney fr the gvernment requests the search f the fllwing persn r prperty lcated in the District f (identify the persn r describe the prperty t be searched and give its lcatin: I find that the affidavit(s, r any recrded testimny, establish prbable cause t search and seize the persn r prperty described abve, and that such search will reveal (identify the persn r describe the prperty t be seized: YOU ARE COMMANDED t execute this warrant n r befre (nt t exceed 14 days in the daytime 6:00 a.m. t 10:00 p.m. at any time in the day r night because gd cause has been established. Unless delayed ntice is authrized belw, yu must give a cpy f the warrant and a receipt fr the prperty taken t the persn frm whm, r frm whse premises, the prperty was taken, r leave the cpy and receipt at the place where the prperty was taken. The fficer executing this warrant, r an fficer present during the executin f the warrant, must prepare an inventry as required by law and prmptly return this warrant and inventry t. (United States Magistrate Judge Pursuant t 18 U.S.C. 3103a(b, I find that immediate ntificatin may have an adverse result listed in 18 U.S.C (except fr delay f trial, and authrize the fficer executing this warrant t delay ntice t the persn wh, r whse prperty, will be searched r seized (check the apprpriate bx fr days (nt t exceed 30 until, the facts justifying, the later specific date f. Date and time issued: City and state: Judge s signature Printed name and title

9 Appendix D Federal Arrest Warrant (Frm AO 442 AO 442 (Rev. 11/11 Arrest Warrant UNITED STATES DISTRICT COURT fr the District f United States f America v. Defendant Case N. ARREST WARRANT T: Any authrized law enfrcement fficer YOU ARE COMMANDED t arrest and bring befre a United States magistrate judge withut unnecessary delay (name f persn t be arrested wh is accused f an ffense r vilatin based n the fllwing dcument filed with the curt:, Indictment Superseding Indictment Infrmatin Superseding Infrmatin Cmplaint Prbatin Vilatin Petitin Supervised Release Vilatin Petitin Vilatin Ntice Order f the Curt This ffense is briefly described as fllws: Date: City and state: Issuing fficer s signature Printed name and title Return This warrant was received n (date at (city and state., and the persn was arrested n (date Date: Arresting fficer s signature Printed name and title

10 Appendix E Department f Hmeland Security Immigratin Enfrcement Subpena (Frm I-138

11 Appendix F Federal Judicial Subpena (Frm AO 88B AO 88B (Rev. 02/14 Subpena t Prduce Dcuments, Infrmatin, r Objects r t Permit Inspectin f Premises in a Civil Actin T: UNITED STATES DISTRICT COURT fr the District f Plaintiff v. Civil Actin N. Defendant SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION (Name f persn t whm this subpena is directed Prductin: YOU ARE COMMANDED t prduce at the time, date, and place set frth belw the fllwing dcuments, electrnically stred infrmatin, r bjects, and t permit inspectin, cpying, testing, r sampling f the material: Place: Date and Time: Inspectin f Premises: YOU ARE COMMANDED t permit entry nt the designated premises, land, r ther prperty pssessed r cntrlled by yu at the time, date, and lcatin set frth belw, s that the requesting party may inspect, measure, survey, phtgraph, test, r sample the prperty r any designated bject r peratin n it. Place: Date and Time: The fllwing prvisins f Fed. R. Civ. P. 45 are attached Rule 45(c, relating t the place f cmpliance; Rule 45(d, relating t yur prtectin as a persn subject t a subpena; and Rule 45(e and (g, relating t yur duty t respnd t this subpena and the ptential cnsequences f nt ding s. Date: CLERK OF COURT OR Signature f Clerk r Deputy Clerk Attrney s signature The name, address, address, and telephne number f the attrney representing (name f party, wh issues r requests this subpena, are: Ntice t the persn wh issues r requests this subpena If this subpena cmmands the prductin f dcuments, electrnically stred infrmatin, r tangible things r the inspectin f premises befre trial, a ntice and a cpy f the subpena must be served n each party in this case befre it is served n the persn t whm it is directed. Fed. R. Civ. P. 45(a(4.

12 Appendix G Ntice t Appear Frm (Frm I-862 U.S. Department f Hmeland Security Ntice t Appear In remval prceedings under sectin 240 f the Immigratin and Natinality Act In the Matter f: File N: Respndent: (Number, street, city, state and ZIP cde 1. Yu are an arriving alien. 2. Yu are an alien present in the United States wh has nt been admitted r parled. 3. Yu have been admitted t the United States, but are deprtable fr the reasns stated belw: currently residing at: (Area cde and phne number The Department f Hmeland Security alleges that yu: On the basis f the freging, it is charged that yu are subject t remval frm the United States pursuant t the fllwing prvisin(s f law: This ntice is being issued after an asylum fficer has fund that the respndent has demnstrated a credible fear f persecutin. Sectin 235(b(1 rder was vacated pursuant t : 8 CFR208.30(f(2 8CFR235.3(b(5(iv YOU ARE ORDERED t appear befre an immigratin judge f the United States Department f Justice at: (Cmplete Address f Immigratin Curt, Including Rm Number, if any n at t shw why yu shuld nt be remved frm the United States based n the (Date (Time charge(s set frth abve. (Signature and Title f Issuing Officer Date: See reverse fr imprtant infrmatin (City and State Frm I-862 (Rev. 08/01/07