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Rule 3-414. Court Security.

Intent:

To promote the safety and well-being of judicial personnel, membersof the bar and citizens utilizing the courts.

To establish uniform policies for court security consistent withSection 78A-2-203.

To delineateresponsibility for security measures by the Council, the administrative office,local judges, court executives, and law enforcement agencies.

Applicability:

This ruleshall apply to all courts.

Section (7)on weapons shall not apply to trial exhibits.

Statement of the Rule:

(1)       Definitions.

(1)(A)       Courtsecurity. Court security includes the procedures, technology, and architecturalfeatures needed to ensure the safety and protection of individuals within thecourthouse and the integrity of the judicial process. Court security is thejoint effort of law enforcement and the judiciary to prevent or control suchproblems as, disorderly conduct, physical violence, theft, bomb threats,prisoner escapes, assassinations, and hostage situations.

(1)(B)       Akey manager is a person authorized by the court executive or Deputy State CourtAdministrator to issue, retrieve, activate, and deactivate keys and/or accesscards to courthouses in their districts.

(1)(C)       Presidingjudge. As used in this rule, presiding judge includes the judge of a single-judgecourthouse. The presiding judge may delegate the responsibilities of this ruleto another judge.

(2)       Responsibilitiesof the Council.

(2)(A)       TheCouncil shall ensure that all design plans for renovation or new constructionof court facilities are reviewed for compliance with The Utah Judicial SystemDesign Standards.

(2)(B)       Asa condition for the certification of a new justice court or the continuedcertification of an existing justice court, the justice court shall file anacceptable local security plan with the Court Security Director and shall fileamendments to the plan with the Court Security Director as amendments are made.The local security plan shall provide for the presence of a law enforcementofficer or constable in court during court sessions or a reasonable responsetime by the local law enforcement agency upon call of the court.

(3)       Responsibilitiesof the Administrative Office.

(3)(A)       Thestate court administrator shall appoint a Court Security Director who shall:

(3)(A)(i)       reviewand keep on file copies of all local security plans; and

(3)(A)(ii)      periodically visit the various court jurisdictions to offerassistance in the development or implementation of local security plans.

(3)(B)       Thestate court administrator shall appoint a court executive in each judicialdistrict to serve as a local security coordinator.

(3)(C)       TheCourt Security Director shall promulgate general security guidelines to assistlocal jurisdictions in the development of court security plans.

(4)       Responsibilitiesof the court executive.

(4)(A)       Thecourt executive designated as the local security coordinator shall:

(4)(A)(i)       inconsultation with the law enforcement administrator responsible for securityand with the judges responsible for the security plan, develop and implement alocal security plan for each court of record facility within the district;

(4)(A)(ii)      annuallyreview the local security plan with the presiding judge and the law enforcementadministrator to identify deficiencies in the plan and problems withimplementation;

(4)(A)(iii)     filean acceptable local security plan with the Court Security Director; and

(4)(A)(iv)     file amendments to the plan with the Court Security Directoras amendments are made.

(4)(B)       Thelocal security plan for a courthouse and any amendments to it shall be approvedby a majority of the judges of the district of any court level regularlyoccupying the courthouse. Voting shall be without regard to court level. Asused in this subsection the term ?judges of the district of any court leveloccupying the courthouse? shall include all judges of the district court of thedistrict and all judges of the juvenile court of the district regardless ofwhether a particular judge occupies the courthouse so long as at least onejudge of that court level occupies the courthouse. The term also includes thejustices of the Supreme Court, the judges of the Court of Appeals and alljustice court judges who actually occupy the courthouse.

(4)(C)       Thecourt executive shall provide a copy of the current local security plan andannual training on the plan to all court personnel, volunteers and securitypersonnel.

(4)(D)       Thelocal plan shall clearly delineate the responsibilities between court personneland law enforcement personnel for all areas and activities in and about thecourthouse.

(4)(E)       Thecourt clerk or probation officer, under the supervision of the court executive,shall provide timely notice to transportation officers of required courtappearances and cancellation of appearances for individuals in custody. Thecourt shall consolidate scheduled appearances whenever practicable andotherwise cooperate with transportation officers to avoid unnecessary courtappearances.

(4)(F)       Tothe extent possible, the clerk of the court shall establish certain days of theweek and times of day for court appearances of persons in custody in order topermit transportation officers reasonable preparation and planning time. Thecourt shall give priority to cases in which a person in custody appears inorder to prevent increased security risks resulting from lengthy waitingperiods.

(5)       Responsibilitiesof law enforcement agencies.

(5)(A)       Thelaw enforcement agency with responsibility for security of the courthouse,through a law enforcement administrator, shall:

(5)(A)(i)       coordinateall law enforcement activities within the courthouse necessary forimplementation of the security plan and for response to emergencies;

(5)(A)(ii)      cooperatewith the court executive in the development and implementation of a localsecurity plan;

(5)(A)(iii)     providelocal law enforcement personnel with training as provided in this rule;

(5)(A)(iv)     providecourt bailiffs; and

(5)(A)(v)      provide building and perimeter security.

(5)(B)       Thelaw enforcement agency responsible for court security shall be as follows:

(5)(B)(i)       TheDepartment of Public Safety for the Supreme Court and the Court of Appeals whenthey are in session in Salt Lake County. When convening outside of Salt LakeCounty, security shall be provided by the county sheriff. The Department ofPublic Safety may call upon the Salt Lake County Sheriff for additionalassistance as necessary when the appellate courts are convening in Salt LakeCounty.

(5)(B)(ii)      Thecounty sheriff for district courts and juvenile courts within the county.

(5)(B)(iii)     Thecounty sheriff for a county justice court and the municipal police for amunicipal justice court. The county or municipality may provide a constable toprovide security services to the justice court. If a municipality has no policedepartment or constable, then the law enforcement agency with which themunicipality contracts shall provide security services to the justice court.

(6)       Courtbailiffs.

(6)(A)       Qualifications.Bailiffs shall be ?law enforcement officers? as defined in Section 53-13-103.At the discretion of the law enforcement administrator and with the consent ofthe presiding judge, bailiffs may be ?special function officers? as defined bySection 53-13-105.

(6)(B)       Training.Prior to exercising the authority of their office, bailiffs shallsatisfactorily complete the basic course at a certified peace officer trainingacademy or pass a waiver examination and be certified. Bailiffs shall complete40 hours of annual training as established by the Division of Peace OfficerStandards and Training. Bailiffs shall receive annual training on the elementsof the court security plan, emergency medical assistance and the use offirearms.

(6)(C)       Physicaland mental condition. Court bailiffs shall be of suitable physical and mentalcondition to ensure that they are capable of providing a high level of securityfor the court and to ensure the safety and welfare of individuals participatingin court proceedings. Bailiffs shall be capable of responding appropriately toany potential or actual breach of security.

(6)(D)       Appointment.The appointment of a bailiff is subject to the concurrence of the presidingjudge.

(6)(E)       Supervision.The court bailiff shall be supervised by the appointing authority and performduties in compliance with directives of the appointing authority.

(6)(F)       Responsibilities.Court bailiff responsibilities shall include but are not limited to thefollowing.

(6)(F)(i)       The bailiff shall prevent persons in custodyfrom having physical contact with anyone other than the members of the defensecounsel?s team. Visitation shall be in accordance with jail and prison policiesand be restricted to those facilities.

(6)(F)(ii)       Thebailiff shall observe all persons entering the courtroom, their movement andtheir activities. The bailiff shall control access to the bench and otherrestricted areas.

(6)(F)(iii)      Thebailiff shall search the interior of the courtroom and restricted areas priorto the arrival of any other court participants. Similar searches shall beconducted following recesses to ensure the room is clear of weapons,explosives, or contraband.

(6)(F)(iv)     Bailiffsshall wear the official uniform of the law enforcement agency by whom they are employed.

(6)(F)(v)      Bailiffsshall comply with the directives of the judge or commissioner with respect tosecurity related activities and shall perform other duties incidental to theefficient functioning of the court which do not detract from securityfunctions. Activities wholly unrelated to security or function of the court,including personal errands, shall not be requested nor performed.

(6)(F)(vi)     Bailiffsshall perform responsibilities provided for in the local court security plan.

(6)(F)(vii)    Thebailiff shall maintain a clear line of sight of all courtroom participants andshall be between individuals who are in custody and courtroom exits.

(7)       Weapons.

(7)(A)       Weaponsgenerally.

(7)(A)(i)       Acourthouse is presumed to be free of all weapons and firearms unless a localsecurity plan provides otherwise in accordance with this rule. No person maypossess an explosive device in a courthouse. Except as permitted by this rule,no person may possess a firearm, ammunition, or dangerous weapon in acourthouse.

(7)(A)(ii)      Allfirearms permitted under this rule and a local security plan:

(7)(A)(ii)(a)       and carried upon the person shall be concealedunless worn as part of a public law enforcement agency uniform;

(7)(A)(ii)(b)       shall remain in the physical possession of theperson authorized to possess it and shall not be placed in a drawer, cabinet,briefcase or purse unless the person has physical possession of the briefcaseor purse or immediate control of the drawer or cabinet or the drawer or cabinetis locked; and

(7)(A)(ii)(c)       shall be secured in aholster with a restraining device.

(7)(B)       Personsauthorized to possess a firearm or other weapon.

(7)(B)(i)       Thefollowing officers may possess a firearm and ammunition in a courthouse if thefirearm is issued by or approved by the officer?s appointing authority, if possessionis required or permitted by the officer?s appointing authority and the localsecurity plan, and if the officer presents valid picture identification:

(7)(B)(i)(a)        ?law enforcement officer,? as defined in Section53-13-103;

(7)(B)(i)(b)        ?correctional officer,? as defined in Section53-13-104;

(7)(B)(i)(c)        ?special function officer,? as defined inSection 53-13-105;

(7)(B)(i)(d)        ?federal officer,? as defined in Section53-13-106; and

(7)(B)(i)(e)        a private security officer, licensed under UtahCode Title 58, Chapter 63, Security Personnel Licensing Act, hired by the courtor the court?s banker to transport money.

(7)(B)(ii)      Ajudge or law enforcement official as defined in Section 53-5-711 may possess ina courthouse a firearm and ammunition for which the judge or law enforcementofficial has a valid certificate of qualification issued under Section 53-5-711if possession is permitted by the local security plan.

(7)(B)(iii)     Acourt commissioner may possess in a courthouse a firearm and ammunition forwhich the court commissioner has a concealed weapons permit, but only if thecourt commissioner has obtained the training and annual retraining necessary toqualify for a certificate issued under Section 53-5-711 and if possession ispermitted by the local security plan.

(7)(B)(iv)     Aperson permitted under subsections (i), (ii), (iii), or (vi)to possess a firearm nevertheless shall not possess a firearm in a courthouseif the person is appearing at the courthouse as a party to litigation. A personpossessing a firearm in a courtroom shall notify the bailiff or the judge.

(7)(B)(v)      Ifpermitted by the local security plan, court personnel and volunteers maypossess in a courthouse an otherwise legal personal protection device otherthan a firearm. Court personnel and volunteers shall not possess a personalprotection device while appearing as a party to litigation. Court personnel andvolunteers shall not possess a firearm while on duty.

(7)(B)(vi)     TheCourt Security Director may possess in a courthouse a firearm and ammunitionfor which the court security director has a concealed weapons permit, but onlyif possession is permitted by the local security plan and the director hasobtained the training and annual retraining necessary to:

(7)(B)(vi)(a)       qualifyfor a certificate issued under Section 53-5-711;

(7)(B)(vi)(b)       qualifyas a Utah police officer firearms instructor in accordance with Utah AdministrativeCode R728-502-9(4); or

(7)(B)(vi)(c)       qualify as a retired law enforcement officer in accordancewith United States Code Title 18, Part I, Chapter 44, Section 926C.

(7)(C)       Firearmtraining requirements.

(7)(C)(i)       Torequalify for a certificate issued under Section 53-5-711 a judge shallannually complete with a passing score a range qualification course for judgesand law enforcement officials established by the Department of Public Safety ora course established by any law enforcement agency of the state of Utah or itspolitical subdivision for the requalification of its officers.

(7)(D)       Thecost of firearms, ammunition, initial qualification, requalificationand any other equipment, supplies or fees associated with a certificate ofqualification issued under Section 53-5-711 shall be the responsibility of thejudge or court commissioner and shall not be paid from state funds.

(8)       Securitydevices and procedures.

(8)(A)       Metaldetectors. The use of metal detectors or other screening devices, Where present, shall be used by the law enforcement agencyresponsible for security/bailiff services.

(8)(B)       Physicalsearch. Searches of persons in or about the courthouse or courtroom shall beconducted at the discretion of the law enforcement agency responsible forsecurity when the local law enforcement agency has reason to believe that theperson to be searched is carrying a weapon or contraband into or out of thecourthouse or when the court so orders. No other person is authorized toconduct such searches. Written notice of this policy shall be posted in a conspicuousplace at the entrance to all court facilities.

(8)(C)       Allpersons in custody shall be kept in a holding cell, restrained by restrainingdevices, or supervised at all times while in court unless otherwisespecifically ordered by the judge in whose courtroom the individual appears.

(8)(D)       Extrasecurity. In anticipated high risk situations or a highly publicized case, thelaw enforcement agency responsible for security should, on its own initiativeor in response to an order of the court, provide extra security includingadditional personnel, controlled access, etc. A written operational planoutlining and assigning security duties should be developed in conjunction withthe presiding judge, the court executive and the Court Security Director.

(8)(E)       CourthouseAccess Control. Only judges, court staff, and security and maintenance staffassigned to the courthouse will be granted access card/keys and only to thoseareas of the courthouse to which the individual needs access. No access cardsor keys shall be issued solely for convenience purposes. Any exceptions to thisrule must be pre-approved, in writing, by the Deputy State Court Administrator.

(8)(E)(i)       Accesscards or keys will be issued by a key manager only with the prior writtenauthorization of the court executive(s) or Deputy State Court Administrator.Detailed recording of all card/key transactions will be the responsibility ofthe key manager. Supervisors shall recover all issued keys/cards from courtpersonnel who are terminated, suspended or transferred or if loss of privilegesis part of an adverse personnel action. Supervisors will return the cards/keysto the court executive who will deactivate the access card. If the access cardis not returned as required, the supervisor will immediately contact the keymanager to deactivate the card.

(8)(E)(ii)      Courtpersonnel shall possess their court-issued identification at all times when inthe courthouse or staff parking area. Court personnel may not loan theiridentification cards, access cards or keys to others and must report any lostor missing identification or access card key to the key manager or their directsupervisor as soon as possible after the loss is discovered. Any lost accesscard will be deactivated before a replacement card is issued.

(8)(E)(iii)     Courtpersonnel with a court-issued identification card may bypass security screeningonly when they are assigned to that particular courthouse. Court personnel fromother courthouses will be required to successfully pass through the securityscreening area before being allowed entry.

(8)(E)(iv)     Thecourt executive will undertake a semiannual review of access card records toensure that no unauthorized use is occurring.

(8)(F)       Inorder to protect the safety and welfare of court customers, no one is permittedto block the entry or exit of a courthouse and no one is permitted to picket,parade, proselytize, demonstrate or distribute leaflets, pamphlets, brochuresor other materials inside a courthouse.

(9)       Transportationof persons in custody.

(9)(A)       Thefederal, state, county or municipal agency with physical custody of a personwhose appearance in court is required is responsible for transportation of thatperson to and from the courtroom.

(9)(B)       Thetransportation officer shall:

(9)(B)(i)       remainpresent at all times during court appearances;

(9)(B)(ii)      beresponsible for the custody of such persons;

(9)(B)(iii)     supportthe court bailiff in the preservation of peace in the courthouse and courtroom;

(9)(B)(iv)     provideadvance notice of the transportation and of any extraordinary securityrequirements to the law enforcement agency responsible for court security, tothe judge, and to the bailiff;

(9)(B)(v)      complywith any regulations of the county sheriff regarding the transportation ofpersons in custody to court; and

(9)(B)(vi)     return the person in custody to the proper place ofconfinement.

(9)(C)       Thelaw enforcement agency responsible for court security shall provide assistanceto the transportation officer as circumstances dictate.

Effective November 1, 2018