A question for DU legal-types re: do i have to appear in court if not subpoenae'd?

[Heddi]

Note---I am asking this as I wait for a call back from the legal counceling person at my professional liability insurance...I'm just curious, and know that DU'ers know everything :)

SO I'm an RN, working in the ER at a very large public hospital. Also a level 1 trauma center, etc.

Part of my routine job duties is to do "legal blood draw" on patients if requested by police or state patrol. Sometimes they're people who were arrested, no accident involved, and brought to the ER for a blood draw. Ohter times, the patient is involved in an accident, they are brought to the hospital for medical care and while there, the SP or PD places them under arrest for suspicion of DUI.

At any rate, there's this very long and involved procedure that I and the officer go through to do the forensic blood draw for the state lab to test for the presence of alcohol or whatever.

BUT---that's not really the issue at hand.

My issue is a simple one---am I complelled to go to court if I have not been served a subpoena?

A few weeks ago, I checked my work mailbox and there was a letter from the county prosecutor's office that was a 'subpoena" to appear in court...the previous day. Who knows how long it had been in my mailbox...

My fellow RN co-workers told me that it was not a legal subpoena, that I must be served in person, and that the letter in the mail doesn't count as a legal serving.

Four days later, the Prosecutor's Office calls my boss and asks her to call me and give them their contact information about trial. I spoke with the prosecutor's office, they told me they wanted me as a potential witness for a forensic blood draw, etc.

still no subpoena.

I called my liability insurance today and am waiting on a call back from their legal counceling person to let me know what to do. As I'm waiting on the call, the Prosecutor's office again calls my boss and has her call me, to see my availibilty for trial....

I'm kind of annoyed at this point, because they obviously know where I work. I know for a fact they know my home addy & phone number....

I have been told repeatedly by co-workers, who have been ER RN's for a long time, that unless I am served, in my hand, that phone call or not, I am NOT compelled to go to court.

If this is true, then I think the Prosecutor's Office is being sneaky by calling my boss, instead of me, in an effort to compel me to go to court.

Again, I'll get a call back from my Professional Liablity Insurance and their legal people tomorrow...but I was just curious if DU'ers had any insight into this matter while I wait for them to call me back.....

thx!

Hed

[rug]

1. No.

And even if you are served a proper subpoena you don't have to talk to anyone before you take the witness stand and are sworn in.

[Heddi]

5. Why do you think they're going through my workplace instead of just serving me?

If they want me there, why don't they just serve me? Why don't they call me instead of calling my boss? It seems like a pretty underhanded way to go about things, imo.

Personally, my fear is that even though I'm there on behalf of the prosecutor's office, that the Defense Atty will try to get me to slip up, and then later on I"ll be part of a civil suit brought forth by the defendant. Personally I think the liklihood of this is small considering what very little I remember of the patient and the situation, but I really don't want to open myself up to be screwed because I happened to do a job that caused someone to be arrested for DUI.....

[rug]

8. Who knows.

Probably they expect better cooperation from hospital administration than from its employee. And yes, it is underhanded, and typical.

[Heddi]

9. well that makes me not want to help them out at all

There is a part of me that thinks that I *do* want to help them, because this is a DUI case and my knowledge of the case makes me want this person to be punished for what happened.

But then there's a part of me that feels if they're being sneaky and assholish about things, then I really don't want to help out unless compelled to do so.

But then I think "Am I helping out the Prosecutor's Office, or am I helping out the citizens of the state?"

Then I think "Well fuck them, the prosecurtor's office is working on behalf of the state, and they're being kind of assholish about the whole thing AND I'm going to have to go on a day when I'm possibly working that night, up all day for court AND NOT GET PAID FOR IT...only to go to work that night and be tired and shit"

what a crock. I'm thorougly angry at this point.

[Lint Head]

2. I am not a lawyer but I have been involved and testified in court.

If I was not legally subpoenaed I would not go. You need to speak to a lawyer. They will give you one visit at no charge. Call your local bar association.

[Heddi]

4. thanks! The laywer is going to call me tomorrow, so I'm not using DU as a basis for legal info

Just curious in the mean time! Thanks for your info!

[1awake]

3. no,

That paper you received in the mail is a notice of sorts. They are commonly used and obviously far less trouble for them to send out than a regular subpoena. Short answer.. rug is 100% accurate.

[Heddi]

6. Thanks! I just wonder why they don't subpoena me if they want me there

seems kind of underhanded

[1awake]

10. Having in my two previous professions been given those

same letters hundreds of times, they do create a sense of unease. They are a lazy way for them to meet their needs without going through various hoops. My guess.. its a DUI case so its small time, and they didnt want to bother.

[uppityperson]

11. They can ask and you can say "ok, I'll testify" or "no, subpoena me". Then they can chose to

do so or to drop you as a witness.

I have testified a couple times, asked for a subpoena for one since I didn't want it to look like I had a personal interest in the case, just in case of weirdness later. I was fine with testifying but wanted to make sure it was all on the up and up, if that makes sense.

They probably at trying to do the cheap thing rather than paying a process server.

[jp11]

7. Not a lawyer, but I'd say no.

Seems like they are trying to save cost/time/trouble on a real one to have you volunteer to show up.

[msanthrope]

12. I won't give you legal advice. But I will tell you that if your problem were a hypo, you'd be

screwed.

IMHO, hypothetically, you acknowledged service when you spoke to the prosecutor. I'm betting your jurisdiction allows for cure of defect once there is acknowledgement--you can't claim later 'I didn't get it!' or, 'It wasn't mailed to me.' or 'It needed to be served on me!' Further, subpoenas by mail are used all the time, particularly when you have a compliant witness, which the Prosecutor obviously thinks you are....

I would never ask anyone other than an attorney I paid for legal advice--I wouldn't trust my insurance's lawyer, and I sure as fuck would not trust fellow workers for legal advice.

If I were the prosecutor, and I had spoken to you, and you had acknowledged the mailed subpoena, AND failed to raise any sort of problem with me at that time, AND you didn't show up for court, well, I'd have you hauled in for fucking up my case. At the minimum, I'd make sure that your boss knew that.

You say you are an employee at a public hospital, right? Then understand that other public employees might not take too kindly to your attitude and may decide to react negatively to you. Is it worth the risk? You decide. After all, you are the one who has to work with the cops who bring the drunks in.

If my client was sitting in court, and the nurse who drew his blood didn't show, and the prosecutor made noise, you know what I would do? I'd have you served within the hour, put you on the stand, and chew you into little pieces. Nothing personal. But in a DUI, a tough case to win, you'd better believe I'd want to hear from the nurse who didn't want to testify.