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The history and meanings of various legal words used in today's legal industry
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We can either thank them today while they are still among us, or pay homage and tribute to them posthumously tomorrow... Thank a cop. Join Colorado Process Server Association Legislative Committee Click here COAPPSLEG |
President's Editorial It is a shame that as an authorized, appointed (by statute) and recognized court officer that something like this had to happen, before any attention or awareness to the general public takes place or any action. Americans are too passive, when our legislators should be more proactive. There are numerous states that currently require licensing to become a process server, while some states actually have laws concerning obstruction of a process server. I and my company take extreme pride and honor in what we perform for the judicial system. I instruct my field agents, this is a very (almost extremely) serious job duty. Once you are educated in what you can and can not do and how to go about performing your assigned duties, then you will understand the magnitude that most all professional companies have towards this profession. As a word of caution I tell all applicants in training that this is such a serious job, that if I ever hear of any violation to our company policies and guidelines, including falsifying an affidavit, I will personally have them up on charges. Some states treat a process server the same as a law enforcement officer. Colorado does have current statutes concerning obstruction, but does not specifically address, assault or murder of such an appointed person. We are out in force upholding the defendant's 2nd Amendment rights, we are not delivering pizza's. We are not the judge nor the jury. Me personally I don't want to know why the person found them self in their current position. My job is to deliver (by court order) a legal document. You will never know when or what it is going to take to make someone snap. Yes, this job can be dangerous, but only as dangerous as you make it. We try to avoid confrontation at most all costs, but self defense (including authorized use of deadly force) is always a last option. From a standpoint of job duties, we as process servers, most often times go to an assigned door unawares of the type of individual we are sent to confront. We willing and potentially place ourselves in harms way. It is not a very glamorous job, but someone has to do it. I instruct my trainees: I guarantee that you do not know what this matter is about, you are not an attorney, judge, nor jury. You will leave an immediate impression (either a positive or negative one), but I assure you will leave an impression. Be courteous, polite and respectful to the individual. Treat them the way you want to be treated. The person at the door may be a retired judge, off duty law enforcement, practicing attorney or any number of other types of professionals. With the current incident with this process server, I feel now is the time to take up our cause to the legislators and petition them to address our industries safety in the performance of carrying out our court assigned tasks. According to current Colorado statutes, all law enforcement, fire fighters, first emergency responders, paramedics, EMT's, and even the game warden dept. are protected by law. Though our statutes recognize us as a public servant performing a government function, we have no protection other than that of an ordinary civilian. I would personally had done what this individual had done. If as a court officer I had personally witnessed such a crime (that causing injury or death) I would have reacted the same way. Regardless of placing myself in harms way, immediate officer discretion and the fact of obvious authorized use of deadly force as defined, I would have charged the individual to try and help those kids and protect them from harm. In the case of this young man being murdered performing his official duty, I would think that a capital crime has been committed and just punishment should be met out against such a perpetrator. But only legislation enacting new laws will help cement that protection for the process server.
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