Legal Definitions - alternative writ of mandate (mandamus)

An alternative writ of mandate, often referred to simply as an alternative mandamus, is a preliminary court order issued when a person or entity believes a government agency, public official, or even a corporation with public duties, has failed to perform a legally required action or is acting unlawfully. This writ serves as a formal notice from the court.

It outlines the specific allegations made by the complaining party and then directs the targeted entity to do one of two things: either immediately perform the required action (or stop the unlawful activity) by a certain date, or appear before the court to explain why they have not complied or why they should not be compelled to do so. It's a tool used to prompt a response and often precedes a final, binding order (a peremptory writ) if the explanation is insufficient. This type of writ is frequently used in urgent situations where a public body's inaction or inappropriate action needs swift legal intervention, sometimes without the need for a full trial.

• Example 1: Public Records Request

  A local journalist files a public records request with a county health department for data related to a recent public health crisis. The department, without providing a valid legal reason, refuses to release the records for several months, significantly exceeding the statutory deadline for responses. The journalist then petitions the court.

  How this illustrates the term: The court could issue an alternative writ of mandate. This order would command the health department to either release the requested public records within a specified timeframe or appear before the court to explain why the records are being withheld and why they should not be compelled to release them.

• Example 2: City Council Zoning Decision

  A city council approves a new zoning ordinance that a local environmental advocacy group believes directly violates state environmental protection laws, potentially allowing harmful development in a protected wetland area. The group files a complaint seeking to halt the ordinance's implementation.

  How this illustrates the term: The court might issue an alternative writ of mandate, ordering the city council to either rescind the illegal zoning change or appear in court to provide a legal justification for their decision and explain why the ordinance should not be overturned.

• Example 3: State Agency License Denial

  A state professional licensing board implements a new, unwritten policy that arbitrarily denies professional licenses to a specific group of qualified applicants, despite clear state statutes outlining eligibility. An affected applicant, who meets all statutory requirements, is denied a license and sues the board.

  How this illustrates the term: The court could issue an alternative writ of mandate, commanding the licensing board to either immediately cease its discriminatory policy and issue licenses to all qualified applicants, or present their legal justification for the policy to the court and explain why they should not be ordered to comply with the existing statute.