Can a mayor who is also the judge of the city issue a capias?

• A. Yes
• B. No
• C. Only if the court is in session
• D. Only for misdemeanors

Answer: (C)

A capias is a court-ordered arrest warrant used to compel someone to appear before the court. The authority to issue such a warrant comes from the court, and it is exercised in the context of the court’s proceedings. If the person who would issue it is the mayor acting as city judge, that power is tied to the court’s authority and can be exercised only when the court is in session, because that is when there is an active adjudicatory need to compel appearance. Outside of court sessions, there isn’t a live judicial proceeding to authorize the warrant, so it cannot be issued. Therefore, it can be issued only if the court is in session.