Is it proper or improper for a clerk to see prisoners on the weekend to tell them charges and set fines because the judge is on vacation?

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

Answer: (B)

In criminal court, charging decisions and fines are judicial actions that require the authority of a judge or a designated magistrate, not a clerk. The clerk’s role is to support the court administratively—managing records, scheduling, and guiding people through procedures—not to declare charges or impose penalties.

If the judge is unavailable on the weekend, the proper remedy is to have an on-call or duty judge/magistrate handle urgent matters or to reschedule proceedings, rather than having a clerk inform prisoners of their charges or set fines. The rights of the accused and the integrity of the process demand that charges be read and fines be set by someone empowered to do so, in a formal proceeding with due process. While a clerk can provide general information and assist with administrative steps, they cannot substitute for judicial authority in telling prisoners their charges or assigning financial penalties.

So the action described is improper. The correct path would involve an acting judge or magistrate or rescheduling to ensure the proper legal process is followed.