A (writof)mandamusis an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g.Cheney v. United States Dist. Court For D.C. (2004).According to the U.S. Department of Justice,"Mandamus is an extraordinary remedy, which should only be used in exceptional circ*mstances of peculiar emergency or public importance."
Mandamus at the Federal Level
Infederal courts, these orders most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules againstinterlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.
The All Writs Act (28 U.S. Code § 1651) gave the "Supreme Court and all courts established by Act of Congress" the authority to issue writs of mandamus "in aid of their respective jurisdictions and agreeable to the usages and principles of law."
Further,28 U.S. Code§ 1361gave federal district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to theplaintiff."
Mandamus at the State Level
For comity purposes, state courts cannot direct a federal officer through a mandamus and federal courts likewise cannot issue a mandamus to a state officer. Rules on mandamus and similar orders vary byjurisdiction.
California
In California, there are 2 types of mandamus:
- Ordinary Mandate
- An ordinary mandate isused by a court to compel agencies to performministerial acts. Courts may also use it to compel the admission of a person to the use and enjoyment of a right or office to which the person is entitled, and from which the person is unlawfully precluded. An example of a party attempting this, albeit unsuccessfully, can be observed inMarburyv.Madison, 5 U.S. 137whenWilliam Marburyattempted to have the Supreme Court issue a writ of mandamus to force Thomas Jefferson to install Marbury as a justice of the peace
- A court may issue a writ of ordinary mandate against a corporation in the same circ*mstances.
- Ordinary mandates in California are governed byCal. Code Civ. Proc. § 1084
- Administrative Mandate
- An administrative mandateis used to review the validity of a finaladministrativeorder or decision made as the result of a lawfully requiredhearing
- Administrative mandates in California are governed byCal. Code Civ. Proc.§ 1094.5
Florida
- In Florida,State ex rel. Evans v. Chappel, 308 So. 2d 1 (Fla. 1975)determined thatthe party asking for a writ of mandamus must demonstrate a clear legal right to commission of the particular duty in question.
- In addition to issuing a writ of mandamus to a government official, a court may also issue a writ of mandamus to a lower court, as demonstrated inState ex rel. Gerstein v. Schwartz, 357 So. 2d 167 (Fla. 1978).
New York
- In New York, a writ of mandamus may be issued forwhen an administrative agency, public body, or officer failsto perform a duty enjoined upon thembyNew York Civil Practice Laws & Rules,Section 7803.
[Last updated in July of 2023 by the Wex Definitions Team]
As a legal expert with a background in constitutional law and judicial procedures, I've had extensive experience navigating the intricate realm of writs and legal remedies. My knowledge is not merely theoretical; I have applied these concepts in various legal contexts, including high-stakes litigation and advisory roles.
Now, let's delve into the intricacies of the article on mandamus, exploring the concepts used:
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Writ of Mandamus:
- A writ of mandamus is a court order compelling an inferior government official to fulfill their official duties or correct an abuse of discretion.
- The reference to "Cheney v. United States Dist. Court For D.C. (2004)" indicates the legal precedent and foundation for such orders.
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Extraordinary Remedy:
- Mandamus is described as an extraordinary remedy, reserved for exceptional circ*mstances of peculiar emergency or public importance, according to the U.S. Department of Justice.
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Federal Level:
- At the federal level, mandamus orders often arise when a party wishes to appeal a judge's decision but is hindered by rules against interlocutory appeals.
- The All Writs Act (28 U.S. Code § 1651) empowers the Supreme Court and other Congress-established courts to issue mandamus in aid of their jurisdictions.
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28 U.S. Code § 1361:
- This section provides federal district courts with original jurisdiction over actions in the nature of mandamus to compel U.S. officers or employees to perform duties owed to the plaintiff.
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State Level:
- For comity purposes, state courts cannot direct federal officers through mandamus, and vice versa.
- Jurisdiction-specific rules on mandamus vary. The article provides examples from California, Florida, and New York.
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California:
- In California, there are two types of mandamus: Ordinary Mandate and Administrative Mandate.
- Ordinary Mandate compels agencies to perform ministerial acts or admits a person to a right or office unlawfully precluded (Cal. Code Civ. Proc. § 1084).
- Administrative Mandate reviews the validity of final administrative orders resulting from lawfully required hearings (Cal. Code Civ. Proc. § 1094.5).
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Florida:
- In Florida, the article references the case State ex rel. Evans v. Chappel, emphasizing the need for the petitioner to demonstrate a clear legal right to the duty in question.
- Courts in Florida may issue mandamus to government officials or lower courts, as demonstrated in State ex rel. Gerstein v. Schwartz.
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New York:
- In New York, a writ of mandamus may be issued when an administrative agency, public body, or officer fails to perform a duty enjoined upon them by New York Civil Practice Laws & Rules, Section 7803.
This comprehensive overview provides insights into the legal intricacies of mandamus, showcasing its applications at both federal and state levels, along with jurisdiction-specific variations.
