Which statement is true about the authority of the municipal court clerks?

• A. Municipal court clerks have the authority to issue a capias.
• B. When a judge is not available, the clerk may grant deferred disposition or Teen Court.
• C. Judges can permit clerks to perform judicial duties and then later adopt the actions of the clerk.
• D. Only a judge may issue a summons for a defendant.

Answer: (D)

Issuing a summons is a judicial act that must come from a judge or magistrate; clerks handle administrative tasks and prepare papers under the court’s authority, but they do not independently issue summonses. Capiases (arrest warrants) require the judge’s authorization, and clerks don’t issue them on their own either. When a judge isn’t available, clerks can’t grant deferred disposition or Teen Court decisions, since those are decisions that require judicial direction. The idea that clerks can perform judicial duties and that the judge would later adopt those actions isn’t how court authority is exercised. Therefore, the statement that only a judge may issue a summons reflects the proper division of powers.