Are clerks authorized to issue arrest warrants?

Clerks of the court, including municipal court clerks, typically do not have the authority to issue arrest warrants. This responsibility lies with judges or magistrates who evaluate the circumstances and legal requirements before granting such an order. The process involves assessing the evidence presented and determining whether probable cause exists to issue a warrant.

While clerks play a vital role in managing court records, processing filings, and assisting with court procedures, the issuance of arrest warrants is a judicial function that requires the discretion and authority of a judge to ensure that the rights of individuals are protected and that all legal standards are met. This separation of duties helps maintain the integrity of the judicial system and prevents potential abuses of power that could arise if clerks were allowed to issue warrants independently.