Which statement about judicial authority is true?

• A. Municipal court clerks may stamp the judge's signature on court documents when the judge is on vacation.
• B. Only a judge may issue a summons for a defendant.
• C. Municipal court clerks may stamp the judge's signature on mental health commitments when the judge is not available and it is an emergency.
• D. Judges can permit clerks to perform judicial duties and then later adopt the actions of the clerk.

Answer: (B)

Judicial authority to issue a summons rests with a judge. A summons is a formal court order that starts the case and directs a defendant to appear, and it must come from someone with direct judicial power. A clerk stamping the judge’s signature on documents when the judge is unavailable would bypass the judge’s authority and undermine due process. Similarly, emergency situations like mental health commitments still require proper court involvement and cannot be fulfilled merely by stamping a signature; the process must follow recognized procedures and obtain the appropriate judicial order. Allowing clerks to perform judicial duties and then have the judge retroactively adopt those actions would erode accountability and the integrity of decisions. So, the statement that only a judge may issue a summons for a defendant is the true one.