Texas Municipal Court Clerk Practice Exam 2025 – Comprehensive All-in-One Guide to Exam Success

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Question: 1 / 400

Is it proper to inform a judge about a death threat made by a defendant to a victim?

No, it is always ex parte

Yes, but may be considered improper conduct

Informing a judge about a death threat made by a defendant to a victim is ethically complex, but it aligns with the duties of a court clerk to ensure that the court is aware of any serious threats that could impact the safety of individuals involved in a case. In this context, while bringing such threats to the judge’s attention is important for maintaining courtroom safety, it can sometimes be considered improper conduct depending on how and when the information is conveyed.

In many jurisdictions, the ideal method to report such threats is through formal channels, often including a law enforcement agency. However, if a court clerk chooses to inform the judge directly, especially outside of regular court proceedings, this could be viewed as ex parte communication, which is generally discouraged because it does not allow opposing parties to be aware of or respond to the information being shared.

Thus, while it's imperative for the court to know about a potential threat for the sake of victim protection and judicial integrity, the manner of communication and adherence to proper protocols are critical issues to consider. Therefore, while such an action may fall under inappropriate conduct contextually, it is justified given its crucial nature in safeguarding individuals involved in the judicial process.

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Only if presented in court

No, it should be reported to law enforcement

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