Legal Definitions - mandamus

A mandamus is a powerful legal order issued by a higher court, directing a government official, agency, or even a lower court to perform a specific duty that they are legally required to do. It is typically used in exceptional circumstances when an official has failed to perform a clear, non-discretionary duty, or has abused their discretion in a way that leaves no other legal remedy for the affected party. Essentially, it's a judicial command to "do your job" or "correct this clear mistake" when there's no other way to ensure justice is served.

Here are some examples of how a mandamus might be used:

• Compelling a Licensing Board: Imagine a state professional licensing board that has a legal obligation to process applications for medical licenses within 90 days, provided all documentation is complete. A qualified doctor submits all required paperwork, but the board delays processing their application for six months without any valid reason, preventing the doctor from practicing. The doctor could seek a mandamus from a court to compel the licensing board to immediately process their application, as the board is failing to perform a clear, mandatory duty.

• Ordering a Public Records Office: A citizen requests specific public documents from a city's public records office under the state's open records law. The law clearly states that these documents are public and must be provided within a certain timeframe, unless a specific exemption applies. The public records office, however, arbitrarily refuses to release the documents, claiming they are "too busy" or without citing any legal exemption. The citizen could petition a court for a mandamus to force the public records office to release the documents, as they are failing to perform a clear legal duty owed to the public.

• Directing a Lower Court Judge: In a complex civil lawsuit, a trial court judge has a clear legal obligation to rule on a critical motion that has been fully briefed and argued by both parties. Despite repeated requests and the passage of an unreasonable amount of time, the judge simply refuses to issue a decision, effectively stalling the entire case. One of the parties could ask a higher court to issue a mandamus, compelling the trial judge to fulfill their judicial duty and issue a ruling on the motion.