In United States law, a ministerial act is a government action "performed according to legal authority, established procedures or instructions from a superior, without exercising any individual judgment." (quotation redacted and ellipses removed) It can be any act a functionary or bureaucrat performs in a prescribed manner, without exercising any individual judgment or discretion.Id.; Ballentine's Law Dictionary, p. 341. Under law, this would be classified under the rubric of public policy.
Examples of what is, and is not, ministerial Examples of ministerial acts include: the entry of an order of the court by a clerk of the court,Ballentine's, supra. notarization (acknowledgement) by a notary public,N.Y. Penal L. section 195.00 (requiring a notary to officiate upon request); see also People v. Brooks, 1 Den. 457; which may be found at N.Y. Notary Law . mechanical processing of an income tax returnSee: California Tax regulations. determining the existence of facts and applying them as required by law, without any discretionSee discussion at:Virginia Land Use law, citing Richlands Medical center v. Commonwealth, 230 Va. 384 (1985), Bd. of Co. Supervisors of Prince William Co. v. Hylton Enterprises, Inc., 216 Va. 582(1976). issuance of a building permit:Virginia Land Use law, supra, citing Town of Jonesville v. Powell Valley Village LP, 254 Va. 70 (1997). approval of a subdivision real estateVirginia Land Use law, supra, citing Planning Comm'n of City of Falls Church v. Berman, 211 Va. 774 (1971). approval of a demolition permitMinisterial Act news a court's remand for "the correction of language in a judgment or the entry of a judgment in accordance with a mandate"Second Circuit Blog, citing Burell V. United States, No. 05-2945-cr (2nd Cir. 2006)(decision by Sotomayor, J.), at .
Actions that are not ministerial would include: a decision about application of a tax law, auditing of an income tax return, determining facts and applying law to those facts, and prioritizing such returnsSee, supra, California Tax regulations
Effects If a ministerial act is not performed, then a court may issue a writ of mandamus to compel the public official to perform said act.Virginia Land Use law, supra, citing Phillips v. Telum, Inc., 223 Va. 585 (1982).
Absolute or sovereign immunity does not apply to the performance or non-performance of ministerial acts.Virginia Land Use law, supra, citing Bogan v. Scott-Harris, 523 U.S. 44 (1998); Anderson v. Creighton, 483 U.S. 635 (1987); Harlow v. Fitzgerald, 457 U.S. 800 (1982); and Heider v. Clemons,241 Va. 143 (1991).
See also Bureaucracy Common law Equity (law) Writs
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