A bench warrant can be issued only after a judge directs the clerk to issue the warrant. Which statement best reflects this process?

• A. A bench warrant can be issued solely by a clerk who finds probable cause.
• B. A bench warrant is issued when a grand jury finds probable cause, and the judge directs the clerk to issue the warrant.
• C. A bench warrant is issued after a grand jury finds probable cause, and the jury directs the clerk to issue the warrant.
• D. A bench warrant is issued when a grand jury finds probable cause, and the judge directs the clerk to issue the warrant.

Answer: (A)

The key idea is who has the authority to bring a bench warrant into existence when there’s probable cause. In this context, the court allows a clerk to issue the warrant based on a filed showing of probable cause, acting under the court’s authority. Grand jury involvement isn’t part of issuing a bench warrant for failing to appear or for contempt; indictments or formal charges handled by a grand jury are a different track. So, if the record shows probable cause and the court authorizes, the clerk can issue the bench warrant without requiring a judge to direct issuance at that moment. This reflects why the statement stating the clerk can issue solely on the basis of probable cause is considered the best reflection of the process.