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."[1] It can be any act a functionary or bureaucrat performs in a prescribed manner, without exercising any individual judgment or discretion.[2] 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,[3]
- notarization (acknowledgement) by a notary public,[4]
- mechanical processing of an income tax return[5]
- determining the existence of facts and applying them as required by law, without any discretion[6]
- issuance of a building permit[7]
- approval of a subdivision real estate[8]
- approval of a demolition permit[9]
- a court's remand for "the correction of language in a judgment or the entry of a judgment in accordance with a mandate"[10]
Actions that are not ministerial would include:
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.[12]
Absolute or sovereign immunity does not apply to the performance or non-performance of ministerial acts.[13]
References
See also
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