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Rule 3-414. Court security.

Intent:

To promote the safetyand well-being of judicial personnel, members of the bar and citizens utilizingthe courts.

To establish uniformpolicies for court security consistent with Section 78A-2-203.

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

Applicability:

This rule shall apply toall courts.

Section (7) on weaponsshall not apply to trial exhibits.

Statement of the Rule:

(1) Definitions.

(1)(A) Court security.Court security includes the procedures, technology, and architectural featuresneeded to ensure the safety and protection of individuals within the courthouseand the integrity of the judicial process. Court security is the joint effortof law enforcement and the judiciary to prevent or control such problems as,disorderly conduct, physical violence, theft, bomb threats, prisoner escapes,assassinations, and hostage situations.

(1)(B) A key manager isa person authorized by the court executive or Deputy State Court Administratorto issue, retrieve, activate, and deactivate keys and/or access cards tocourthouses in their districts.

(1)(C) Presiding judge.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) Responsibilities ofthe Council.

(2)(A) The Council shallensure that all design plans for renovation or new construction of courtfacilities are reviewed for compliance with The Utah Judicial System DesignStandards.

(2)(B) As a conditionfor the certification of a new justice court or the continued certification ofan existing justice court, the justice court shall file an acceptable localsecurity plan with the Court Security Director and shall file amendments to theplan with the Court Security Director as amendments are made. The localsecurity plan shall provide for the presence of a law enforcement officer orconstable in court during court sessions or a reasonable response time by thelocal law enforcement agency upon call of the court.

(3) Responsibilities ofthe Administrative Office.

(3)(A) The state courtadministrator shall appoint a Court Security Director who shall:

(3)(A)(i) review and 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) The state courtadministrator shall appoint a court executive in each judicial district toserve as a local security coordinator. 

(3)(C) The CourtSecurity Director shall promulgate general security guidelines to assist localjurisdictions in the development of court security plans.

(4) Responsibilities ofthe court executive.

(4)(A) The courtexecutive designated as the local security coordinator shall:

(4)(A)(i) in consultation with the law enforcement administratorresponsible for security and with the judges responsible for the security plan,develop and implement a local security plan for each court of record facilitywithin the district;

(4)(A)(ii) annually review the local security plan with the presidingjudge and the law enforcement administrator to identify deficiencies in theplan and problems with implementation;

(4)(A)(iii) file an acceptable local security plan with the CourtSecurity Director; and

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

(4)(B) The localsecurity plan for a courthouse and any amendments to it shall be approved by amajority of the judges of the district of any court level regularly occupyingthe courthouse. Voting shall be without regard to court level. As used in thissubsection the term ?judges of the district of any court level occupying thecourthouse? shall include all judges of the district court of the district andall judges of the juvenile court of the district regardless of whether aparticular judge occupies the courthouse so long as at least one judge of thatcourt level occupies the courthouse. The term also includes the justices of theSupreme Court, the judges of the Court of Appeals and all justice court judgeswho actually occupy the courthouse.

(4)(C) The courtexecutive shall provide a copy of the current local security plan and annualtraining on the plan to all court personnel, volunteers and security personnel.

(4)(D) The local planshall clearly delineate the responsibilities between court personnel and lawenforcement personnel for all areas and activities in and about the courthouse.

(4)(E) The court clerkor probation officer, under the supervision of the court executive, shallprovide timely notice to transportation officers of required court appearancesand cancellation of appearances for individuals in custody. The court shallconsolidate scheduled appearances whenever practicable and otherwise cooperatewith transportation officers to avoid unnecessary court appearances.

(4)(F) To the extentpossible, the clerk of the court shall establish certain days of the week andtimes of day for court appearances of persons in custody in order to permittransportation officers reasonable preparation and planning time. The courtshall give priority to cases in which a person in custody appears in order toprevent increased security risks resulting from lengthy waiting periods.

(5) Responsibilities oflaw enforcement agencies.

(5)(A) The lawenforcement agency with responsibility for security of the courthouse, througha law enforcement administrator, shall:

(5)(A)(i) coordinate all law enforcement activities within thecourthouse necessary for implementation of the security plan and for responseto emergencies;

(5)(A)(ii) cooperate with the court executive in the development andimplementation of a local security plan;

(5)(A)(iii) provide local law enforcement personnel with training as providedin this rule;

(5)(A)(iv) provide court bailiffs; and

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

(5)(B) The lawenforcement agency responsible for court security shall be as follows:

(5)(B)(i) The Departmentof Public Safety for the Supreme Court and the Court of Appeals when they arein session in Salt Lake County. When convening outside of Salt Lake County,security shall be provided by the county sheriff. The Department of PublicSafety may call upon the Salt Lake County Sheriff for additional assistance asnecessary when the appellate courts are convening in Salt Lake County.

(5)(B)(ii) The countysheriff for district courts and juvenile courts within the county.

(5)(B)(iii) The countysheriff for a county justice court and the municipal police for a municipaljustice court. The county or municipality may provide a constable to providesecurity 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) Court bailiffs.

(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. Priorto exercising the authority of their office, bailiffs shall satisfactorilycomplete the basic course at a certified peace officer training academy or passa waiver examination and be certified. Bailiffs shall complete 40 hours ofannual training as established by the Division of Peace Officer Standards andTraining. Bailiffs shall receive annual training on the elements of the courtsecurity plan, emergency medical assistance and the use of firearms.

(6)(C) Physical andmental 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. Theappointment of a bailiff is subject to the concurrence of the presiding judge.

(6)(E) Supervision. Thecourt 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 bailiffshall prevent persons in custody from having physical contact with anyone otherthan the members of the defense counsel?s team. Visitation shall be inaccordance with jail and prison policies and be restricted to those facilities.

(6)(F)(ii) The bailiffshall observe all persons entering the courtroom, their movement and theiractivities. The bailiff shall control access to the bench and other restrictedareas.

(6)(F)(iii) The bailiffshall search the interior of the courtroom and restricted areas prior to thearrival of any other court participants. Similar searches shall be conductedfollowing recesses to ensure the room is clear of weapons, explosives, orcontraband.

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

(6)(F)(v) Bailiffs shallcomply 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)Bailiffs shall perform responsibilities provided for in the local courtsecurity plan.

(6)(F)(vii) The bailiffshall maintain a clear line of sight of all courtroom participants and shall bebetween individuals who are in custody and courtroom exits.

(7) Weapons.

(7)(A) Weaponsgenerally.

(7)(A)(i) A courthouseis presumed to be free of all weapons and firearms unless a local security planprovides otherwise in accordance with this rule. No person may possess anexplosive device in a courthouse. Except as permitted by thisrule, no person may possess a firearm, ammunition, or dangerous weapon in acourthouse.

(7)(A)(ii) All firearmspermitted under this rule and a local security plan:

(7)(A)(ii)(a) and carried upon the person shall be concealed unless wornas part of a public law enforcement agency uniform;

(7)(A)(ii)(b) shallremain in the physical possession of the person authorized to possess it andshall not be placed in a drawer, cabinet, briefcase or purse unless the personhas physical possession of the briefcase or purse or immediate control of thedrawer or cabinet or the drawer or cabinet is locked; and

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

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

(7)(B)(i) The followingofficers may possess a firearm and ammunition in a courthouse if the firearm isissued by or approved by the officer?s appointing authority, if possession isrequired 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? asdefined in Section 53-13-103;

(7)(B)(i)(b) ?correctional officer? asdefined in Section 53-13-104;

(7)(B)(i)(c) ?special function officer? asdefined in Section 53-13-105;

(7)(B)(i)(d) ?federal officer? as definedin Section 53-13-106; and

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

(7)(B)(ii) A judge orlaw enforcement official as defined in Section 53-5-711 may possess in acourthouse 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) A courtcommissioner may possess in a courthouse a firearm and ammunition for which thecourt commissioner has a concealed weapons permit, but only if the courtcommissioner 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)A person permitted under subsections (i), (ii) or (iii) to possess afirearm nevertheless shall not possess a firearm in a courthouse if the personis appearing at the courthouse as a party to litigation. A person possessing afirearm in a courtroom shall notify the bailiff or the judge.

(7)(B)(v) If permittedby the local security plan, court personnel and volunteers may possess in acourthouse an otherwise legal personal protection device other than a firearm.Court personnel and volunteers shall not possess a personal protection devicewhile appearing as a party to litigation. Court personnel and volunteers shallnot possess a firearm while on duty.

(7)(C) Firearm trainingrequirements.

(7)(C)(i) To requalify for a certificate issued under Section53-5-711 a judge shall annually complete with a passing score a rangequalification course for judges and law enforcement officials established bythe Department of Public Safety or a course established by any law enforcementagency of the state of Utah or its political subdivision for therequalification of its officers.

(7)(C)(ii) The cost offirearms, 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) Security devices andprocedures.

(8)(A) Metal detectors.The use of metal detectors or other screening devices, Wherepresent, shall be used by the law enforcement agency responsible forsecurity/bailiff services. (8)(B) Physical search. Searches of persons in orabout the courthouse or courtroom shall be conducted at the discretion of thelaw enforcement agency responsible for security when the local law enforcementagency has reason to believe that the person to be searched is carrying aweapon or contraband into or out of the courthouse or when the court so orders.No other person is authorized to conduct such searches. Written notice of thispolicy shall be posted in a conspicuous place at the entrance to all courtfacilities.

(8)(C) All persons incustody shall be kept in a holding cell, restrained by restraining devices, orsupervised at all times while in court unless otherwise specifically ordered bythe judge in whose courtroom the individual appears.

(8)(D) Extra security. Inanticipated high risk situations or a highly publicized case, the lawenforcement agency responsible for security should, on its own initiative or inresponse to an order of the court, provide extra security including additionalpersonnel, controlled access, etc. A written operational plan outlining andassigning security duties should be developed in conjunction with the presidingjudge, the court executive and the Court Security Director.

(8)(E) Courthouse AccessControl. Only judges, court staff, and security and maintenance staff assignedto the courthouse will be granted access card/keys and only to those areas ofthe courthouse to which the individual needs access. No access cards or keysshall be issued solely for convenience purposes. Any exceptions to this rulemust be pre-approved, in writing, by the Deputy State Court Administrator.

(8)(E)(i) Access cardsor 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)The court executive will undertake a semiannual review of access cardrecords to ensure that no unauthorized use is occurring.

(8)(F) In order toprotect the safety and welfare of court customers, no one is permitted to blockthe entry or exit of a courthouse and no one is permitted to picket, parade,proselytize, demonstrate or distribute leaflets, pamphlets, brochures or othermaterials inside a courthouse.

(9) Transportation ofpersons in custody.

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

(9)(B) Thetransportation officer shall:

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

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

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

(9)(B)(iv) provide advance notice of the transportation and of anyextraordinary security requirements to the law enforcement agency responsiblefor court security, to the judge, and to the bailiff;

(9)(B)(v) comply with any regulations of the county sheriff regardingthe transportation of persons in custody to court; and

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

(9)(C) The lawenforcement agency responsible for court security shall provide assistance tothe transportation officer as circumstances dictate.