Is it true that all mayors have authority to issue a capias?

• A. True
• B. False
• C. A mayor who is also the city judge may issue a capias
• D. A municipal court clerk may issue a capias

Answer: (C)

Capias is a judicial writ used to compel a person to appear in court or to arrest someone who has violated a court order. Because issuing a capias is a judicial act, it’s not an executive power held by just any mayor. The authority to issue such a writ rests with someone who has the authority of a judge or an equivalent judicial officer. Therefore, only a mayor who also serves as the city judge has the necessary authority to issue a capias. A mayor alone does not, and a municipal court clerk does not have this authority either, since clerks handle procedural tasks under the judge’s authority rather than issuing capias on their own.