The legal system in the U.S. is quite complicated. The federal criminal code is thousands of pages long, and every state has a similar number of laws. The complexity of the criminal codes inevitably leads to errors where government agencies or representatives fail to follow the law.

The system is designed with checks and balances that are designed to prevent or correct these types of problems. Unfortunately, no system is perfect, and mistakes are inevitable.

When judges make errors, the legal system provides a final extraordinary remedy that can be used to correct situations that otherwise can't be resolved. This remedy is known as a writ of mandamus.

History of the Writ of Mandamus

The origin of the writ of mandamus is a bit vague. It appears to trace back at least four hundred years but may be even older. What is certain, however, is that some version of mandamus has existed in both English and U.S. law for hundreds of years.

The term “mandamus” is effectively synonymous with mandate. In general terms, it means that the court can mandate the actions of a lesser court or other government agencies.

The modern writ of mandamus is explicitly authorized by the Federal Rules of Civil Procedure to be enacted by federal judges. Some state constitutions also permit state judges to enact a writ of mandamus.

What Can a Writ of Mandamus Do?

A writ of mandamus can compel a lower court or a government agency to take an action that is required by law or to refrain from taking an action that is prohibited by law. For example, a court could use a writ of mandamus to compel a government agency to release public records.

However, there are limits to what actions can be compelled. A writ of mandamus cannot be used to compel a government agency to engage in a “discretionary” act. Thus, an upper court could order a lower court to rehear a case and allow previously denied evidence, but it could not order a specific outcome in that case.

When is a Writ of Mandamus Ordered?

A writ of mandamus is considered an extraordinary act. This means that the courts will only order a writ of mandamus when all other legal remedies have been exhausted. If any appeals or other avenues are available to resolve a problem, a court will typically refrain from using this option.

To successfully petition the court for a writ of mandamus, you need to prove that:

• You have a right to receive relief from an inappropriate government action.
• The court or government agency has an undisputed duty to perform that action.
• You have followed to their conclusion all normal procedures to obtain that relief.
• No other remedy under the law is available.

One of the things that differentiates a writ of mandamus from other legal concepts is that judges have discretion about whether to grant one. Usually, for legal orders, if you meet the statutory requirements to be granted one, the court is obligated to grant that order.

This is not true for a writ of mandamus, though. You can show that all the previous standards have been met, and the court can still decide not to grant a writ of mandamus. This is why most writ requests are denied, even when they meet the standards. 

What Happens When a Writ of Mandamus is Issued?

If a court agrees to issue a writ of mandamus, the appropriate government agency or court has no choice other than to follow the order. While the mandate could be contradicted by a higher-level court, the target of the writ must obey it until that happens.

A Rare but Useful Legal Option

On the surface, a writ of mandamus may seem like an appeal, but it is functionally different. Appeals are commonplace in the justice system and considered to be part of the standard system for reversing incorrect decisions by courts.

On the other hand, a writ of mandamus is an extraordinary remedy that lawyers will rarely petition for and that courts are unlikely to approve. However, when it is the right course of action, it can correct a wrong that seems unresolvable.

Our team has the experience to help you navigate the intricate processes involved in filing writs and appeals. With offices in Monterey, Santa Cruz, and Salinas, we proudly serve clients throughout Santa Cruz, Monterey and San Benito counties. We understand that the appellate process can feel overwhelming, but we have the expertise to get you through it. Contact us today to schedule a consultation!