Why may municipal court clerks issue subpoenas?

• A. Because the clerk is the acting judge in all cases
• B. Because defendants have a right to subpoena witnesses and there is no discretion in issuing subpoenas
• C. Because the prosecutor approves each subpoena
• D. Because subpoenas are optional in municipal court

Answer: (B)

The key idea is that a defendant has the right to compel witnesses to testify in a municipal court case, and the clerk’s job is to facilitate that right. When a party properly requests a subpoena, the clerk issues it as a ministerial act so the witness can be compelled to appear and, if needed, bring documents. Since this right exists to protect due process and allow a full defense, there isn’t discretion to deny a properly supported subpoena request. The judge handles issues of admissibility or objections, but the initial issuance rests on the right of the defendant to call witnesses and the clerk’s role in issuing the subpoena.