Do municipal court clerks have the authority to issue a capias?

Municipal court clerks do not have the authority to issue a capias. A capias is a legal order for the arrest of a person, typically issued by a judge after a failure to comply with a court order, such as failure to appear for a hearing. This responsibility lies with the judge, who has the constitutional and legal authority to make such a determination based on the specific circumstances of a case. Therefore, the role of the clerk is more administrative, involving the management of court records, documentation, and procedural aspects rather than the direct issuance of arrest warrants.

In contrast to the other options, which suggest varying degrees of authority for clerks in issuing capiases, the correct understanding emphasizes the judicial role in this legal process, reinforcing the separation of powers within the judicial system.