Who has the authority to issue a capias pro fine?

A capias pro fine is a legal order that is issued to compel a defendant to pay a fine levied by the court. The authority to issue this type of order typically lies with the judge. Judges are responsible for overseeing legal proceedings and have the power to enforce their own orders, including those related to fines and compliance with court rulings.

When a defendant fails to pay a court-ordered fine, the judge can issue a capias pro fine to bring the individual before the court to address the non-payment. This process underscores the judge's role in maintaining the integrity of the judicial system and ensuring that court-ordered sanctions, such as fines, are enforced.

In contrast, the other roles involved—such as the court clerk, prosecutor, or district attorney—do not possess the same authority as the judge in this specific context. The court clerk manages court records and documentation but does not have the power to issue orders. The prosecutor and district attorney are primarily involved in criminal proceedings, focusing on the initiation and prosecution of cases rather than enforcing fines post-judgment.