Is it proper or improper for a clerk to ask the judge to grant a driving safety course under discretionary provisions to a friend who is not eligible under the mandatory provisions?

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

Answer: (D)

The important idea here is how discretionary relief works and the clerk’s role. If a person isn’t eligible under mandatory provisions, a judge may still grant relief under discretionary provisions, but the clerk’s job isn’t to decide outcomes or push a particular result for a friend. Asking the judge to consider discretionary relief can be appropriate if done in a neutral, information-sharing way that explains the options and the law, rather than advocating for a specific outcome for that friend. Because the propriety depends on how the request is made and whether it shows bias or favoritism, there isn’t an inherent rule that this action is plainly proper or plainly improper. That’s why the answer is Neither.