Which statement is true about clerks performing duties that typically belong to magistrates?

• A. Only a judge may issue a summons for a defendant.
• B. Municipal court clerks may stamp the judge's signature on court documents when the judge is on vacation.
• C. Municipal court clerks cannot be held liable for performing a judicial duty if the judge requires the clerk to perform the duty.
• D. Judges can permit clerks to perform judicial duties and then later adopt the actions of the clerk.

Answer: (A)

Issuing a summons is a judicial act that rests with the court’s authority. Clerks handle clerical and administrative duties, like preparing documents, filing, and scheduling, but they do not have the power to issue a summons on their own unless a specific, lawful delegation and procedures are in place. The authority to initiate a defendant’s appearance in court lies with the judge or magistrate, who signs or orders the summons as part of the court process. That separation helps protect due process and ensures that actions affecting a defendant’s rights are properly authorized and recorded.

The other statements misstate or stretch that authority. Stamping a judge’s signature while the judge is on vacation would effectively assume the judge’s role and is not how proper authorization works. Clerks can be liable if they perform judicial duties beyond what they’re allowed or if they bypass required procedures. And a judge cannot simply grant after-the-fact permission for clerks to perform judicial duties and then adopt those actions later without a proper, formal process and documentation.