Which statement correctly describes the authority of municipal clerks?

• A. Municipal court clerks cannot be held liable for performing a judicial duty if the judge requires the clerk to perform the duty.
• B. Only a judge may issue a summons for a defendant.
• C. When a judge is not available, the clerk may grant deferred disposition or Teen Court.
• D. Municipal court clerks have the authority to issue a capias.

Answer: (B)

Issuing court orders like a summons is a judicial act. Municipal court clerks handle administrative duties and prepare or process documents, but the authority to issue a summons comes from a judge or other judicial officer. That safeguard ensures the summons is valid and issued with proper jurisdiction and due process. So the statement that only a judge may issue a summons for a defendant reflects the proper distribution of authority.

The other options mix up what clerks can approve or authorize. For example, decisions about deferring disposition or Teen Court, as well as issuing warrants like a capias, are actions that require judicial authorization rather than clerical action.