Which statement is true about the ability to issue court orders?

Which statement is true about the ability to issue court orders?

• A. Municipal court clerks have the authority to issue a capias.
• B. When a judge is not available, the clerk may grant deferred disposition or teen court.
• C. Only a judge may issue a summons for a defendant.
• D. Judges can permit clerks to perform judicial duties and then later adopt the actions of the clerk.

Answer: (C)

A summons is a formal court order that directs a defendant to appear in court, so issuing it is a judicial act that must come from a judge or a magistrate. Because it creates legal obligations and notices the defendant of the charges and hearing, the authority to issue such a summons rests with the court, not with a clerk. Clerks handle administrative duties and support the court, but they do not independently issue judicial orders like summonses, capias warrants, or deferred-disposition grants. A judge is the one who signs or authorizes these processes, and any related actions must be ratified by the judge.

A summons is a formal court order that directs a defendant to appear in court, so issuing it is a judicial act that must come from a judge or a magistrate. Because it creates legal obligations and notices the defendant of the charges and hearing, the authority to issue such a summons rests with the court, not with a clerk. Clerks handle administrative duties and support the court, but they do not independently issue judicial orders like summonses, capias warrants, or deferred-disposition grants. A judge is the one who signs or authorizes these processes, and any related actions must be ratified by the judge.