
Where Do Process Servers Fit ?
I am a business owner but also a process server, and if you are reading this, you likely are too. Lately, I have been reflecting on where exactly we fit in this machine called the judicial system. It’s not as straightforward an answer as one might think.
What is clear is that we serve the judicial branch of government, after that it can become murky. To understand our place, we need to go back to the beginning.
The Origins of Due Process
The concept of due process has its roots in Clause 39 of the Magna Carta (1215), which states:
"No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land."
This clause laid the foundation for the principle of due process by asserting that no individual could be deprived of their rights or freedom arbitrarily. Instead, such actions required adherence to established laws and fair legal proceedings.
The term "service of process" ties directly to due process as referenced in the Fifth Amendment of the U.S. Constitution:
"No person shall be... deprived of life, liberty, or property, without due process of law."
As process servers, we are instrumental in ensuring this constitutional guarantee is upheld by providing proper and timely notification of legal actions.
Some Case Law Shaping the Role of Process Servers
Several landmark cases have addressed the authority and responsibilities of process servers:
1. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)
This case established that notice must be "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." It underscores the constitutional requirement for adequate notice, which directly impacts how process servers must perform their duties to ensure due process.
2. Orso v. Cobb, 348 F. Supp. 2d 1165 (D. Haw. 2004)
This case examined the legal boundaries process servers must observe, particularly regarding impersonating law enforcement. The defendant identified himself as a Deputy Sheriff without valid credentials, leading to his arrest. The case highlights the importance of adhering to ethical and legal standards.
3. People v. Neckel, 2019 COA 69 (Colo. App. 2019)
Here, the Colorado Court of Appeals considered whether a process server becomes a trespasser when entering a property marked with "No Trespassing" signs. This case illustrates the challenges of balancing the duty to serve with the rights of property owners.
4. Burnham v. Superior Court of California, 495 U.S. 604 (1990)
This Supreme Court decision upheld the practice of "tag" jurisdiction, where personal service of process on a non-resident physically present in the forum state establishes personal jurisdiction. The ruling underscores the importance of proper service procedures.
5. Slaughter v. Legal Process & Courier Service Court of Appeals of California, First Appellate District, Division One. December 21, 1984
This case addressed falsifying an affidavit and the resulting damages to the served individual. It serves as a reminder of the importance of accuracy and honesty in documentation.
Some Legal and Ethical Principles for Process Servers
Prohibition Against Impersonation Process servers cannot impersonate law enforcement. Wearing uniforms, displaying fake badges, claiming police powers not only undermines credibility but also violates the law.
Respect for Private Property Process servers must adhere to trespassing laws. Entering restricted areas or remaining on property after being asked to leave can result in legal complications depending on jusrsdiction.
Adherence to Due Process Service of process must comply with legal standards, ensuring that notifications are "reasonably calculated" to inform individuals of legal actions.
Be Proud of Your Role
As process servers, we are integral to the judicial system. The service of due process is a bedrock of our legal framework, a principle that dates back to the Magna Carta. Few professions can claim such a storied and essential legacy. Be proud and above all be safe!
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