Texas Municipal Court Clerk Practice Exam 2025 - Free Municipal Court Clerk Practice Questions and Study Guide

Question: 1 / 400

Which statement about mayors and capias issuance is true?

All mayors can issue a capias

A mayor can only issue a capias if also the judge

The correct choice is that a mayor can only issue a capias if also the judge. This is accurate because the authority to issue a capias, which is a type of arrest warrant, generally falls under the jurisdiction of a judge or magistrate. In many municipalities, mayors may hold dual roles, where they also serve as the presiding judge of a municipal court. Therefore, if a mayor is not functioning in the capacity of a judge, they lack the legal authority to issue a capias on their own.

The differentiation between roles is crucial to understanding the limitations of authority. A mayor, while a key figure in local government, typically does not possess judicial powers unless specifically designated or unless they fulfill both roles simultaneously. This is a reflection of the broader legal framework in which the separation of powers is designed to prevent any one official from overstepping their legitimate authority.

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A mayor can issue a capias without being a judge

A capias is issued solely by magistrates

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