What may a clerk do when a defendant is unsure how to handle his or her case?

• A. Explain court procedures and provide a pamphlet about procedures, obligations, and rights; do not advise how to handle the case
• B. Advise the defendant on how to handle the case
• C. Refuse to answer any questions
• D. Tell the defendant which attorney to hire

Answer: (A)

Clerks serve as a neutral source of information about court procedures and the rights and obligations people have within the system. When a defendant is unsure how to proceed, the clerk can lay out the steps in a clear, non-advocacy way and provide materials that spell out what procedures exist, what duties the defendant has, and what rights they retain. This helps the person understand what to expect, including which forms to file, important deadlines, where to appear, and what resources are available, such as self-help information or legal aid.

This approach is appropriate because it avoids giving legal advice or telling someone how to handle their case, which is not the clerk’s role. It also supports fair access to information so the defendant can make informed decisions or seek appropriate legal assistance. Other options—offering strategic guidance on how to handle the case, refusing to answer questions, or directing the defendant to a specific attorney—go beyond the clerk’s role and could improperly influence the outcome.