Which statement is true about the authority of clerks performing duties?

• A. When a judge is not available, the clerk may grant deferred disposition or Teen Court.
• B. Only a judge may issue a summons for a defendant.
• C. Municipal court clerks may stamp the judge's signature on court documents when the judge is on vacation.
• D. Municipal court clerks cannot be held liable for performing a judicial duty if the judge requires the clerk to perform the duty.

Answer: (B)

Authority in the court system distinguishes between what clerks can handle administratively and what requires a judge’s direct involvement. Issuing a summons is a formal court command that directs a defendant to appear, and it is a judicial act. Because it establishes legal process and jurisdiction, it must come from the judge or be issued under the judge’s authority. The clerk’s role is to prepare and manage documents and processes, but they do not independently initiate a summons—that power remains with the judge. This preserves proper oversight and due process. The other scenarios would bypass the judge’s authority or go beyond a clerk’s delegated duties, which is not permitted.