If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and represent the State.

• A. True
• B. False
• C. It depends
• D. Not stated

Answer: (B)

In criminal proceedings, the prosecutor is a distinct official who represents the State and decides what charges to file, presents the case, and acts as the State’s advocate. The judge’s role is to oversee the trial, rule on motions, and ensure fairness and due process, while the clerk handles administrative duties like filing and maintaining records. Allowing a judge or a clerk to serve as prosecutor would blur the line between deciding cases and advocating for a party, risking bias and undermining impartiality.

If there is no prosecutor, the proper approach is to appoint another qualified attorney to handle the case—such as a special prosecutor or an acting district/state attorney—so the State is still represented. The statement is false.