Writs of Mandamus

Sometimes, actions or omissions by administrative or governmental bodies, agencies, and officials are so inappropriate or offensive, that immediate, emergency action by a court needs to be taken. As a leader in administrative and professional licensing law, Simas & Associates, Ltd. is well-versed in seeking and acquiring this court action on behalf of its clients to protect their rights.

Called a writ of mandamus (or writ of mandate), it is acquired through a petition to the court. It is a judicial remedy in the form of an order from a superior court to any government, corporation, or public authority to do or not do some act that the body is obligated to do or not do. The remedy is appropriate in the event the party seeking (often called the petitioner or applicant) has been denied a judicially-enforceable and legally-protected right by a party (the respondent) that has a legal duty to act and abstains from acting.

By way of the Administrative Procedure Act (APA), superior courts have authority to review all actions of administrative agencies through the standard of “abuse of discretion”. As a result, Simas & Associates, Ltd. can use a petition of writ of mandamus to overturn a disciplinary decision of a licensing agency. It can also be even used to overturn decisions of credentialing committees of insurance companies. So long as the right is of a public nature – i.e. the right to earn a living – the act or failure to act denying that right is subject to an abuse of discretion review by the court.

In drafting petitions for a writ of mandamus, Simas & Associates, Ltd. fully understands the strict bounds upon which the court will examine the request. We have experience in handling the statutes surrounding the authority to grant the writ as well as the interpretative case law concerning its application. In the event the court seeks a hearing on the petition or the underlying the request, Simas & Associates, Ltd. is also experienced and has a reputation of successful oral advocacy on behalf of our requests.

Given Simas & Associates, Ltd.’s experience and reputation in the field of writs of mandamus, in retaining our firm your rights will be protected and preserved throughout your licensing or credentialing dispute. So, contact us today for your free and confidential initial consultation.