A court clerk may exercise judicial discretion.

A court clerk may exercise judicial discretion.

• A. True
• B. Not specified
• C. Both
• D. False

Answer: (D)

Judicial discretion is the authority to decide questions of law and fact in a case, including rulings on motions, guilt, and sentencing. A court clerk does not have that authority; their role is to manage court operations and records and to carry out the judge’s orders and the court’s rules. They handle administrative tasks like filing documents, maintaining the docket, issuing routine processes as directed, scheduling hearings, and collecting and recording fines. When a decision about the outcome of a case or how a statute should be applied must be made, that decision rests with the judge or a designated magistrate, not the clerk. Therefore, the statement is false.

Judicial discretion is the authority to decide questions of law and fact in a case, including rulings on motions, guilt, and sentencing. A court clerk does not have that authority; their role is to manage court operations and records and to carry out the judge’s orders and the court’s rules. They handle administrative tasks like filing documents, maintaining the docket, issuing routine processes as directed, scheduling hearings, and collecting and recording fines. When a decision about the outcome of a case or how a statute should be applied must be made, that decision rests with the judge or a designated magistrate, not the clerk. Therefore, the statement is false.