As a clerk for a court with a part-time judge, granting deferred disposition to defendants who ask for it. When the judge comes in a couple of weeks later, the judge signs her name to all the clerk's paperwork for these defendants is proper or improper?

As a clerk for a court with a part-time judge, granting deferred disposition to defendants who ask for it. When the judge comes in a couple of weeks later, the judge signs her name to all the clerk's paperwork for these defendants is proper or improper?

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

Answer: (D)

The main idea is that a judge must make and sign the decision to defer disposition, not the clerk. Deferred disposition is a judicial act, and the authority to grant it rests with the judge after considering the defendant’s plea and the case. A clerk can prepare and file paperwork and handle ministerial tasks, but signing off on those cases as if the judge made the decision later is not proper. Doing the judge’s signature on the clerk’s paperwork after the fact effectively retroactively approves the clerk’s action without the judge having actively reviewed and entered the decision in those individual cases. That undermines the defendant’s right to have a judge personally rule on the matter and can compromise the integrity of the court record. Therefore, this practice is improper.

The main idea is that a judge must make and sign the decision to defer disposition, not the clerk. Deferred disposition is a judicial act, and the authority to grant it rests with the judge after considering the defendant’s plea and the case. A clerk can prepare and file paperwork and handle ministerial tasks, but signing off on those cases as if the judge made the decision later is not proper. Doing the judge’s signature on the clerk’s paperwork after the fact effectively retroactively approves the clerk’s action without the judge having actively reviewed and entered the decision in those individual cases. That undermines the defendant’s right to have a judge personally rule on the matter and can compromise the integrity of the court record. Therefore, this practice is improper.