Texas Municipal Court Clerk Practice Exam 2026 - Free Municipal Court Clerk Practice Questions and Study Guide

The role of a court clerk is primarily administrative, involving the management of court records, processing documents, and ensuring that the court proceedings run smoothly. When it comes to acting as an affiant, which means providing a sworn statement or affidavit regarding a complaint, there are clear ethical guidelines and legal standards that restrict a clerk from taking on this role.

By prohibiting court clerks from acting as affiants, the integrity and impartiality of the court system are maintained. Having an affiant who is part of the court's administrative framework could lead to conflicts of interest or perceptions of bias, undermining public confidence in the judicial process.

Choice A is incorrect because allowing clerks to act as affiants could compromise the impartiality of the court. Choice C suggests that clerks could act in this capacity only in minor cases, which does not align with established practice. Choice D implies a conditional allowance based on the availability of other witnesses, which contradicts the established ethical standards governing the conduct of court clerks.

Therefore, the position that court clerks are not permitted to act as affiants supports the integrity and proper functioning of the judicial system.