Is it proper or improper for a clerk to see prisoners on the weekend to tell them what they are charged with and set their fines because the judge is on vacation?

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

Answer: (B)

The key idea is that only a judge or authorized magistrate can handle judicial decisions like informing a defendant of charges and setting fines. Clerks are administrative staff who manage records, scheduling, and filing. They don’t determine what someone is charged with or what penalties apply. If the judge is unavailable, there should be a proper procedure—such as an on-call judge or another authorized official—to handle arraignments and bail or fines. Having a clerk perform these judicial functions bypasses due process and breaches the separation of duties that keeps court proceedings fair. So, this scenario is improper.