Why do municipal court clerks have authority to issue subpoenas?

• A. Subpoenas require court approval.
• B. Subpoenas are issued only by the judge.
• C. There is no discretion in issuing a subpoena.
• D. Subpoenas are never issued in municipal court.

Answer: (C)

Subpoenas are official court orders, and the clerk of the municipal court handles issuing them as part of the court’s routine administrative duties. The authority comes from statutes that delegate the power to issue court process to the court’s officers, so once a subpoena request is properly prepared and within the rules (correct recipient, scope, timing, etc.), the clerk issues it without needing a judge’s personal approval for each one. In this sense, there is no discretion in issuing a subpoena—the clerk’s role is a ministerial act on behalf of the court. The judge’s oversight remains for actions like quashing or modifying a subpoena if objections arise, but denying a valid, properly prepared request outright isn’t typically required.