If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and represent the state.

If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and represent the state.

• A. Not specified
• B. True
• C. Both
• D. False

Answer: (D)

The key idea is who represents the state in prosecutions. Prosecution must be handled by a licensed attorney from the appropriate prosecuting office (such as the county or district attorney’s office). The judge’s role is to preside and ensure due process, and the clerk handles records and administrative tasks. They are not allowed to act as prosecutors. If there isn’t a prosecutor available, the proper step is to arrange for a prosecutor pro tempore or have the appropriate prosecuting office assign someone, not for the judge or clerk to take on prosecutorial duties. This is why the statement is false.

The key idea is who represents the state in prosecutions. Prosecution must be handled by a licensed attorney from the appropriate prosecuting office (such as the county or district attorney’s office). The judge’s role is to preside and ensure due process, and the clerk handles records and administrative tasks. They are not allowed to act as prosecutors. If there isn’t a prosecutor available, the proper step is to arrange for a prosecutor pro tempore or have the appropriate prosecuting office assign someone, not for the judge or clerk to take on prosecutorial duties. This is why the statement is false.