Is it proper or improper for a clerk to tell a defendant who calls on the telephone that the judge always gives extensions of time to pay, 'All the defendant has to do is ask'?

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

Answer: (D)

The key idea here is that court staff must communicate procedures neutrally and not speculate about or promise outcomes. A clerk should provide factual information about how extensions can be requested and what rules apply, but they should not imply that a judge will automatically grant an extension simply because someone asks.

Saying that “All the defendant has to do is ask” suggests a guaranteed favorable result and places the clerk in a position of seeming to guarantee the judge’s decision. That’s not appropriate because extensions are discretionary and depend on the specifics of the case and the court’s rules. It also risks misinforming the defendant and could be seen as influencing the defendant’s expectations or attempting to steer the outcome, which staff should avoid.

A better approach would be to outline the proper procedures for requesting an extension, explain what factors might influence a judge’s decision, and direct the defendant to file according to court rules or seek formal guidance, without promising a particular result.