Who has authority to issue a capias pro fine?

• A. The judge
• B. The sheriff
• C. The clerk
• D. The prosecutor

Answer: (A)

Capias pro fine is a court-issued arrest warrant aimed at compelling payment of a fine when a defendant fails to pay. Because it is a judicial order, the authority to issue it rests with the judge overseeing the case. The judge can authorize the writ directing law enforcement to arrest the person and bring them back to court. After it’s issued, the sheriff (or other law enforcement) carries out the arrest. The clerk handles paperwork and court filings but does not independently issue capias pro fine, and the prosecutor handles charges rather than issuing warrants. So the judge is the one who has authority to issue a capias pro fine.