Which statement about warrants is true in the municipal court context?

• A. Court clerks may prepare warrants but do not sign them.
• B. Court clerks may sign warrants but do not prepare them.
• C. Warrants are signed only by the clerk.
• D. Warrants are not used in municipal courts.

Answer: (A)

In this context, the important distinction is between who drafts a warrant and who authorizes it. Court clerks handle the preparation of the warrant—gathering the necessary information, ensuring all legal requirements are included, and getting the document ready for the judge’s review. The signing, which authorizes the warrant and allows its execution, is a judicial act that must come from a judge or magistrate after evaluating the probable cause. Therefore, the statement that court clerks may prepare warrants but do not sign them is the true and appropriate understanding.

Warrants are valid tools in municipal courts for arrest or search when properly issued, so saying they are not used in municipal courts is incorrect. And it’s not correct to say warrants are signed only by the clerk or that clerks sign warrants; signing is reserved for a judge or magistrate.