In the described scenario, a defendant who doesn't want to contest his case but wants to talk to the judge about the amount of the fine is met by the clerk with a hearing date and a request to the judge to set a higher fine. Is this proper or improper?

• A. Neither
• B. Proper
• C. Both
• D. Improper

Answer: (D)

The action is improper because a clerk’s role is administrative, not decision-making or advocacy in sentencing. The judge must decide fines through a proper, formal process in court, with the defendant (or their counsel) present to hear and respond. Having the clerk schedule a hearing and forward a request to the judge to set a higher fine bypasses the required procedure and can amount to ex parte influence, which undermines the defendant’s right to due process. If the defendant wants to discuss or challenge the amount, that discussion belongs in a court proceeding, not via the clerk proposing a higher penalty.