Legal Question in Appeals and Writs in California
Power of the fed clerk
Does the clerk of the federal district coult have the power to author judgements or orders which dismiss a case without a judges signiture on the judgement or order the clerks prepares and signs instead of a judge. If not, what effect would this have on the appeal time starting to run.
2 Answers from Attorneys
Re: Power of the fed clerk
Clerks do not do things without the prior approval of their judge, so to be safe, go by the general rule that requires filing within 30 days. If the clerk had no authority, you will win the appeal, but if you wait and are wrong, you will have lost the case.
Re: Power of the fed clerk
While I agree with Mr. Murray's response to your query, I would add by way of explanation that the clerk exercises ministerial functions. The clerk carries out the instructions of the judge. The clerk does not author judgments.
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