Which statement is true about liability and the process when a judge requires a clerk to perform a duty?

Which statement is true about liability and the process when a judge requires a clerk to perform a duty?

• A. Municipal court clerks have the authority to issue a capias.
• B. When a judge is not available, the clerk may grant deferred disposition or teen court.
• C. Only a judge may issue a summons for a defendant.
• D. Municipal court clerks cannot stamp the judge's signature on mental health commitments when the judge is not available and it is an emergency.

Answer: (C)

The key idea is who has the authority to issue court process. Issuing a summons for a defendant is a judicial act that must come from the judge, not from the clerk acting alone. The clerk can carry out tasks under the judge’s direction or by statute, but they can’t independently issue a summons. This keeps due process intact and assigns accountability to the judge who oversees the case. Other duties mentioned would require a judge’s explicit order or statutory authorization, so they aren’t correct to attribute to the clerk on their own.

The key idea is who has the authority to issue court process. Issuing a summons for a defendant is a judicial act that must come from the judge, not from the clerk acting alone. The clerk can carry out tasks under the judge’s direction or by statute, but they can’t independently issue a summons. This keeps due process intact and assigns accountability to the judge who oversees the case. Other duties mentioned would require a judge’s explicit order or statutory authorization, so they aren’t correct to attribute to the clerk on their own.