Municipal judges do not have any discretionary authority to dismiss cases.

Municipal judges do not have any discretionary authority to dismiss cases.

• A. They can dismiss anytime
• B. False
• C. Municipal judges can dismiss only with probation
• D. Municipal judges have some discretionary authority to dismiss cases

Answer: (B)

Municipal judges do have discretionary authority to dismiss cases, but only in limited, permitted ways. For example, they can dismiss when there’s a defect in the charging instrument or a lack of probable cause, either on their own motion or upon a defendant’s motion. They can also grant deferred disposition in appropriate Class C misdemeanor or traffic cases, where the defendant agrees to meet certain conditions; if those conditions are completed, the case is dismissed. This means the statement that municipal judges have no discretionary authority to dismiss is not accurate. The appropriate understanding is that they do have some discretion to dismiss, within the bounds of the law.

Municipal judges do have discretionary authority to dismiss cases, but only in limited, permitted ways. For example, they can dismiss when there’s a defect in the charging instrument or a lack of probable cause, either on their own motion or upon a defendant’s motion. They can also grant deferred disposition in appropriate Class C misdemeanor or traffic cases, where the defendant agrees to meet certain conditions; if those conditions are completed, the case is dismissed. This means the statement that municipal judges have no discretionary authority to dismiss is not accurate. The appropriate understanding is that they do have some discretion to dismiss, within the bounds of the law.