Ministerial act
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Through Government, Official and Judgement
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,
- notarization (acknowledgement) by a notary public,
- mechanical processing of an income tax return
- determining the existence of facts and applying them as required by law, without any discretion
- issuance of a building permit
- approval of a subdivision real estate
- approval of a demolition permit
- a court's remand for "the correction of language in a judgment or the entry of a judgment in accordance with a mandate"
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 returns
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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.
Absolute or sovereign immunity does not apply to the performance or non-performance of ministerial acts.
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