Q Does the failure of a deputy who is also a deputy justice court clerk to write his title of deputy clerk on the signature line of a citation cause the charging document to be defective, thus warranting a dismissal?

A No. Because a court may, upon determining that the amendment would not unfairly prejudice the defendant’s rights, allow a defective citation to be amended any time before the prosecution rests, the failure of a deputy who is also a deputy clerk to properly sign a citation does not consequently warrant a dismissal of the charge. (Attorney General’s Opinion to Davis, July 27, 2012)