Which statement is true about the authority of clerks and the power of the court?

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

Answer: (B)

Issuing a summons is a judicial act that must come from the court. The judge holds the authority to initiate court proceedings and authorize the formal notice that a defendant must appear. Clerks provide essential administrative support—preparing documents, handling filings, applying the court’s seal, and distributing notices—but they don’t exercise the court’s judicial power on their own. Because a summons starts a legal process and commands a defendant to respond, the act of issuing it is reserved for the judge or another officially designated judicial officer.

That’s why this statement is the correct one: only a judge may issue a summons for a defendant. Other choices blur lines of authority. Delegating judicial duties and later adopting those actions isn’t how the authority is typically exercised, since it undermines the required chain of accountability. Clerks can be responsible for following proper procedures, but they aren’t shielded from liability for performing duties the judge hasn’t authorized. And in emergencies, a clerk cannot simply stamp the judge’s signature on mental health commitments; signing such orders requires the judge’s direct authorization, even under urgent circumstances.