Role of the Clerk/Authorities and Duties

Question 1

What is the role of prosecutor in municipal court?

Answer 1

To see that justice is done
To bring criminal charges before the court for trial
To represent the state

Question 2

What is a ministerial duty?

Answer 2

Researching community service opportunities

Question 3

What oath does a clerk have authority to administer?

Answer 3

The one for an affiant swearing to a complaint
The one for a defendant swearing to a driving safety course affidavit
The one for a judge taking the oath of office

Question 4

If a victim is not present when an emergency protection order is issued, what must a clerk do?

Answer 4

Provide the victim with a copy

Question 5

Judges have the authority to do

Answer 5

Administer oaths
Perform a marriage ceremony
Hold a defendant in contempt

Question 6

Case Law provides for a magistrate’s authority

Answer 6

Countywide

Question 7

Depending on whether a city is a general law or home-rule city and whether the court is a court of record, clerks may be:

Answer 7

Elected
Appointed
Hired

Question 8

Legal advice may be provided to a defendant by

Answer 8

A licensed attorney

Question 9

Maintaining order in the courtroom is the responsibility of

Answer 9

The judge

Question 10

Any person providing security for a Municipal Court is required to hold a:

Answer 10

Court Security certification

Question 11

The role of the defense attorney is to:

Answer 11

Represent their client zealously within the bounds of the law

Question 12

True/False

Many clerk’s duties are specifically provided for by the statute.

Answer 12

False

Question 13

True/False

Court clerks may be elected, appointed, or hired.

Answer 13

True

Question 14

True/False

Oaths of office and anti-bribery statements must be filed every time a clerk is reappointed.

Answer 14

True

Question 15

True/False

Standing orders are written orders, signed by a judge, directing court staff on how to perform a specific procedure.

Answer 15

True

Question 16

True/False

The judge plays an adversarial role in court.

Answer 16

False

Question 17

True/False

The city council has authority to set fines for the judges.

Answer 17

False

Question 18

True/False
Municipal court clerks cannot be held liable for performing judicial duty if the judge requires the clerk to perform the duty.

Answer 18

False

Question 19

True/False

Municipal court clerks may stamp the judge’s signature on court documents when the judge is on vacation.

Answer 19

False

Question 20

True/False

Clerks may grant extensions and time payments plans to defendants.

Answer 20

False

Question 21

True/False
Only judges may grant driving safety courses, but clerks may provide defendant with the paperwork regarding the requirements for processing the driving safety requests.

Answer 21

True

Question 22

True/False

All municipal courts have civil jurisdiction over junked vehicles and nuisance abatement.

Answer 22

False

Question 23

True/False

Revenue is an important aspect of judicial duties.

Answer 23

False

Question 24

True/False

The organizational structure of small court may be different from that of a large court.

Answer 24

True

Question 25

True/False

Municipal courts may have more than one judge but may have one presiding judge.

Answer 25

True

Question 26

True/False

All municipal court judges serve a term of four years.

Answer 26

False

Question 27

True/False

In the capacity of a trial court judge, a municipal judge acts as a special advisor to the police.

Answer 27

False

Question 28

True/False

Anyone can access the State Bar of Texas database to confirm if an attorney is eligible to practice.

Answer 28

True