COURT CLERK STUDY GUIDE (PART 1)
QUESTIONS WITH COMPLETE
ANSWERS
What should a judge remove him or herself from hearing a case (bench or jury trial)?
- ANSWER-If the judge is related within the 3rd degree by consanguinity or affinity to
an injured party counsel of the state or the accused.
What does affinity mean? - ANSWER-Relationship by marriage
In which situation does the Code of Judicial Conduct govern the judge's behaviour? -
ANSWER-In and out of the courtroom, including social situations
Which of the following is the judge NOT allowed to do? - ANSWER-Talk on the
telephone to a defendant about his or her case, talk in the office to defendant about
his or her case, and read the notes on the back of a citation
What is ex parte communication? - ANSWER-It can be writing the form of a letter or
notes on the back of a citation; a police report or a TLETS print outs, can be oral
from the police officer, defendant, clerk, or anyone who has knowledge if a case
What is municipal court subject matter jurisdiction? - ANSWER-Only over fine-only
offenses that may also include any sanction that does not include confinement with
no imprisonment
What is a general-law city? - ANSWER-A city with a population under 5,000 and
subject to state statues
Home rule cities have - ANSWER-full power of self government
General law cities have - ANSWER-power limited to specific statutory authority
What is the role of the prosecutor in municipal court? - ANSWER-To see that justice
is done, to bring criminal charges before the court for trial, and to represent the state
Which of the following is a ministerial duty? - ANSWER-Researching community
service projects
Which of the following is a judicial duty? - ANSWER-Granting extensions of time to
pay
What is a ministerial duty? - ANSWER-an act or duty is a function performed without
the use of judgment by the person performing the act or duty.
Which oat does a clerk have authority to administer? - ANSWER-The one to an
affiant swearing to a complaint, a defendant swearing to a driving safety course
affidavit, and a judge taking the oath of office
QUESTIONS WITH COMPLETE
ANSWERS
What should a judge remove him or herself from hearing a case (bench or jury trial)?
- ANSWER-If the judge is related within the 3rd degree by consanguinity or affinity to
an injured party counsel of the state or the accused.
What does affinity mean? - ANSWER-Relationship by marriage
In which situation does the Code of Judicial Conduct govern the judge's behaviour? -
ANSWER-In and out of the courtroom, including social situations
Which of the following is the judge NOT allowed to do? - ANSWER-Talk on the
telephone to a defendant about his or her case, talk in the office to defendant about
his or her case, and read the notes on the back of a citation
What is ex parte communication? - ANSWER-It can be writing the form of a letter or
notes on the back of a citation; a police report or a TLETS print outs, can be oral
from the police officer, defendant, clerk, or anyone who has knowledge if a case
What is municipal court subject matter jurisdiction? - ANSWER-Only over fine-only
offenses that may also include any sanction that does not include confinement with
no imprisonment
What is a general-law city? - ANSWER-A city with a population under 5,000 and
subject to state statues
Home rule cities have - ANSWER-full power of self government
General law cities have - ANSWER-power limited to specific statutory authority
What is the role of the prosecutor in municipal court? - ANSWER-To see that justice
is done, to bring criminal charges before the court for trial, and to represent the state
Which of the following is a ministerial duty? - ANSWER-Researching community
service projects
Which of the following is a judicial duty? - ANSWER-Granting extensions of time to
pay
What is a ministerial duty? - ANSWER-an act or duty is a function performed without
the use of judgment by the person performing the act or duty.
Which oat does a clerk have authority to administer? - ANSWER-The one to an
affiant swearing to a complaint, a defendant swearing to a driving safety course
affidavit, and a judge taking the oath of office
