Which statement about the status of municipal judges is true?

• A. Judges can permit clerks to perform judicial duties and then later adopt the actions of the clerk.
• B. Municipal court clerks may stamp the judge's signature on mental health commitments when the judge is not available and it is an emergency.
• C. Municipal judges are magistrates.
• D. Municipal court clerks have the authority to issue a capias.

Answer: (C)

Municipal judges are magistrates, meaning they are judicial officers with limited authority in the municipal court. This status gives them the power to preside over cases under city ordinances and perform the judicial duties appropriate to that role, such as ruling on matters that come before the municipal court and handling related proceedings. Because of this, their authority comes from their position as a magistrate, not from clerks or other staff.

Clerks are administrative staff and do not have the authority to perform judicial duties or to adopt a judge’s actions. They cannot issue capiases or stamp signatures on judicial orders or commitments in the judge’s stead. Those actions require the judge’s own authority as a magistrate. That disparity in roles is why stating that municipal judges are magistrates is the true statement.