Why can a municipal court clerk not issue a warrant or capias?

• A. Because they lack power to issue warrants.
• B. Because only a judge or magistrate may determine probable cause.
• C. Because they lack authority to determine probable cause.
• D. Because they must be elected.

Answer: (B)

The main idea is that determining probable cause and issuing warrants or capias are judicial functions. A municipal court clerk handles administrative duties—filing papers, scheduling, and processing documents—but the decision about whether probable cause exists is made by a judge or magistrate. Only after that judicial determination is made can a warrant or capias be issued. That’s why the best answer emphasizes that only a judge or magistrate may determine probable cause; without that determination, a clerk cannot issue the writ.

The other points don’t fit as the primary reason. Being elected is irrelevant to whether a clerk may issue warrants, and saying the clerk “lacks power” or “lacks authority to determine probable cause” is true in a general sense but misses the essential rule: it’s the judicial determination of probable cause that authorizes the warrant or capias, and that authority rests with a judge or magistrate, not a clerk.