Which statement best describes clerks' authority to grant continuances when a defendant calls the court?

• A. Clerks have the authority to grant a continuance and reset a case when a defendant calls the court.
• B. Clerks may grant a continuance without any court approval.
• C. Clerks have no authority to grant a continuance under any circumstance.
• D. Clerks do not have authority to grant a continuance simply because a defendant calls the court.

Answer: (D)

Continuances are decisions made by the court, not by the clerk. Clerks handle scheduling and records, but they don’t grant delays on their own. If a defendant requests more time by simply calling the court, there’s no court order or visible reason for a postponement, so a continuance isn’t granted without the judge’s approval. The proper path is for the request to be presented to the judge (often via a motion or appearance), and the judge decides based on the case, docket, and due process considerations. If the judge grants a continuance, the clerk then updates the calendar and records accordingly.