Under what circumstance may a mayor issue a capias?

• A. When the mayor also serves as the city judge
• B. When the mayor is not the judge but can still issue
• C. In all cases
• D. Never

Answer: (C)

Capias is a court order directing law enforcement to arrest a person and bring them before the court. Only someone with judicial authority can issue this kind of order. A mayor may issue a capias if they also serve as the city judge (or act as a designated magistrate) and thus have the legal authority to issue such warrants. If the mayor is not the judge, they generally do not have the authority to issue a capias, since issuing these orders is a judicial function. So the circumstance is when the mayor has formal judicial authority, such as serving as the city judge.