When a defendant does not waive a jury trial, when may the clerk summon prospective jurors?

• A. Whenever the court is in session.
• B. After the defendant waives jury.
• C. At the clerk's discretion.
• D. When the judge issues a writ commanding the clerk to.

Answer: (D)

When a jury trial is being held, juror summons must come from the court’s authority, not from the clerk acting alone. The court obtains a pool of potential jurors by issuing a writ or order directing the clerk to summon them. This ensures the jury pool is gathered under proper procedure and the judge’s supervision. Because the process hinges on a judge’s command, the clerk doesn’t summon jurors merely because court is in session or at the clerk’s own discretion, and the scenario described is specific to when a jury trial is anticipated because the defendant has not waived that right.