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

Municipal court clerks are generally not held liable for performing the duties assigned to them by a judge, as long as they are carrying out those duties within the scope of their official responsibilities and authority. This protection stems from the principle of "qualified immunity," which is designed to shield government officials from liability for actions taken in the course of their duties, provided those actions do not violate clearly established statutory or constitutional rights.

When clerks execute their functions as directed by the judge, they do so with the expectation that their actions are in line with the law and court procedures. Liability typically arises only in situations where officials exceed their authority, act in bad faith, or engage in unlawful actions. Therefore, clerks acting under the direction of a judge are protected from personal liability for their official acts, making the assertion that they cannot be held liable for such actions correct.