A clerk schedules a hearing date for a defendant and then tells the judge to set a higher fine; this conduct is proper or improper?

A clerk schedules a hearing date for a defendant and then tells the judge to set a higher fine; this conduct is proper or improper?

• A. Proper
• B. Not specified
• C. Cannot be determined
• D. Improper

Answer: (D)

The key idea is that court staff must remain neutral and not try to steer a judge’s decision. Clerks handle scheduling, processing, records, and administrative tasks, not advocacy for a particular penalty. A judge has the authority to set fines within the statutory limits based on the facts and arguments presented. When a clerk tells the judge to impose a higher fine, it crosses into pressuring the judge and compromising impartiality. The proper course is to present the case file and any relevant information, and allow the judge to determine the appropriate penalty.

The key idea is that court staff must remain neutral and not try to steer a judge’s decision. Clerks handle scheduling, processing, records, and administrative tasks, not advocacy for a particular penalty. A judge has the authority to set fines within the statutory limits based on the facts and arguments presented. When a clerk tells the judge to impose a higher fine, it crosses into pressuring the judge and compromising impartiality. The proper course is to present the case file and any relevant information, and allow the judge to determine the appropriate penalty.