Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof.
§ 167.Judge’s performance of clerk’s act
Title 2. Judicial Officers · Chapter 2. Powers of Judges at Chambers · Last amended 1989 · Last verified July 28, 2026
In one sentenceSection 167 allows a California judge to personally perform any act that the clerk of the court is otherwise required or permitted to perform, filling in whenever clerical action is unavailable or impractical.
Full Text of § 167
Plain-English Summary
Section 167 is a short backstop provision. Court clerks handle much of the routine administrative work of a case — issuing process, entering orders, maintaining the file — and this section makes clear that a judge is not locked out of that work. Anything a clerk may or must do, a judge may do as well.
In practice, this matters most when a clerk is unavailable, when a task needs a judge’s direct attention, or when a specific procedural step calls for the judge personally to act rather than delegate it. Section 167 removes any doubt that a judge stepping into a clerk’s role is acting within the judge’s authority.
Frequently Asked Questions
Can a judge personally issue a document the clerk would normally issue?
Yes. Section 167 allows a judge to perform any act the clerk of the court is required or permitted to perform.
Does this section limit which clerical acts a judge can take over?
No. Section 167 applies broadly to any act the clerk may perform, without listing specific exceptions.
Amendment History
Added Stats 1969 ch 1610 § 1, operative July 1, 1970. Amended Stats 1989 ch 1417 § 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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