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Reply with quote  #1 

Citizens need to starting filing a "Writ of Mandamus" on terrible court rulings where the law was ignored.


mandamus

(man-dame-us) n. Latin for "we order," a writ (more modernly called a "writ of mandate") which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. Examples: After petitions were filed with sufficient valid signatures to qualify a proposition for the ballot, the city refuses to call the election, claiming it has a legal opinion that the proposal is unconstitutional. The backers of the proposition file a petition for a writ ordering the city to hold the election. The court will order a hearing on the writ and afterwards either issue the writ or deny the petition. Or a state agency refuses to release public information, a school district charges fees to a student in violation of state law, or a judge will not permit reporters entry at a public trial. All of these can be subject of petitions for a writ of mandamus (Source: dictionary.law.com).



Iowa Court Rules:

Rule 1.458 Special action; proper remedy awarded.
In any case of mandamus, certiorari, appeal to the district
court, or for specific equitable relief, where the facts
pleaded and proved do not entitle the petitioner to the specific
remedy asked, but do show the petitioner entitled to
another remedy, the court shall permit the petitioner on
such terms, if any, as it may prescribe, to amend by asking
for such latter remedy, which may be awarded. [Report
October 31, 1997, effective January 24, 1998; November
9, 2001, effective February 15, 2002]


Iowa Code:
CHAPTER 661 MANDAMUS

661.1 DEFINITION.
The action of mandamus is one brought to obtain an order
commanding an inferior tribunal, board, corporation, or person to do
or not to do an act, the performance or omission of which the law
enjoins as a duty resulting from an office, trust, or station.
Section History: Early Form
[R60, § 3761; C73, § 3373; C97, § 4341; S13, § 4341; C24, 27, 31,
35, 39, § 12440; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 661.1]

661.2 DISCRETION -- EXERCISE OF.
Where discretion is left to the inferior tribunal or person, the
mandamus can only compel it to act, but cannot control such
discretion.
Section History: Early Form
[C51, § 2180; R60, § 3763; C73, § 3373; C97, § 4341; S13, § 4341;
C24, 27, 31, 35, 39, § 12441; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 661.2]

661.3 NATURE OF ACTION.
All such actions shall be tried as equitable actions.
Section History: Early Form
[S13, § 4341; C24, 27, 31, 35, 39, § 12442; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 661.3]

661.4 ORDER ISSUED.
The order may be issued by the district court to any inferior
tribunal, or to any corporation, officer, or person; and by the
supreme court or the court of appeals to any inferior court, if
necessary, and in any other case where it is found necessary for
either of those courts to exercise its legitimate power.
Section History: Early Form
[C51, § 2179, 2181; R60, § 3761, 3764; C73, § 3374; C97, § 4342;
C24, 27, 31, 35, 39, § 12443; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 661.4]

661.5 AUXILIARY REMEDY.
The plaintiff in any action, except those brought for the recovery
of specific real or personal property, may also, as an auxiliary
relief, have an order of mandamus to compel the performance of a duty
established in such action.
Section History: Early Form
[R60, § 3767; C73, § 3375; C97, § 4343; C24, 27, 31, 35, 39, §
12444; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.5]

661.6 "ENFORCEABLE DUTY" DEFINED.
If such duty, the performance of which is sought to be compelled,
is not one resulting from an office, trust, or station, it must be
one for the breach of which a legal right to damages is already
complete at the commencement of the action, and must also be a duty
of which a court of equity would enforce the performance.
Section History: Early Form
[R60, § 3767; C73, § 3375; C97, § 4343; C24, 27, 31, 35, 39, §
12445; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.6]

661.7 OTHER PLAIN, SPEEDY AND ADEQUATE REMEDY.
An order of mandamus shall not be issued in any case where there
is a plain, speedy and adequate remedy in the ordinary course of the
law, save as herein provided.
Section History: Early Form
[C51, § 2182; R60, § 3765; C73, § 3376; C97, § 4344; C24, 27, 31,
35, 39, § 12446; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 661.7]

661.8 WHEN ORDER GRANTED.
The order of mandamus is granted on the petition of any private
party aggrieved, without the concurrence of the prosecutor for the
state, or on the petition of the state by the county attorney, when
the public interest is concerned, and is in the name of such private
party or of the state, as the case may be in fact brought.
Section History: Early Form
[R60, § 3761; C73, § 3377; C97, § 4345; C24, 27, 31, 35, 39, §
12447; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.8]

661.9 PETITION.
The plaintiff in such action shall state the plaintiff's claim,
and shall also state facts sufficient to constitute a cause for such
claim, and shall also set forth that the plaintiff, if a private
individual, is personally interested therein, and that the plaintiff
sustains and may sustain damage by the nonperformance of such duty,
and that performance thereof has been demanded by the plaintiff, and
refused or neglected, and shall pray an order of mandamus commanding
the defendant to fulfill such duty.
Section History: Early Form
[R60, § 3762; C73, § 3378; C97, § 4346; C24, 27, 31, 35, 39, §
12448; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.9]

661.10 OTHER PLEADINGS.
The pleadings and other proceedings in any action in which a
mandamus is claimed shall be the same, as nearly as may be, and costs
shall be recoverable by either party, as in an ordinary action for
the recovery of damages.
Section History: Early Form
[R60, § 3766; C73, § 3379; C97, § 4347; C24, 27, 31, 35, 39, §
12449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.10]


661.11 Repealed by 67 Acts, ch 400, § 197.

661.12 INJUNCTION MAY ISSUE -- JOINDER.
When the action is brought by a private person, it may be joined
with a cause of action for such an injunction as may be obtained by
ordinary proceedings, or with the causes of actions specified in this
chapter, but no other joinder and no counterclaim shall be allowed.

Section History: Early Form
[R60, § 4181; C73, § 3380; C97, § 4348; C24, 27, 31, 35, 39, §
12450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.12]


661.13 PEREMPTORY ORDER.
When the plaintiff recovers judgment, the court may include
therein a peremptory order of mandamus directed to the defendant,
commanding the defendant forthwith to perform the duty to be
enforced, together with a money judgment for damages and costs, upon
which an ordinary execution may issue.
Section History: Early Form
[R60, § 3768; C73, § 3381; C97, § 4349; C24, 27, 31, 35, 39, §
12451; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.13]


661.14 FORM OF ORDER -- RETURN.
The order commanding the performance of the duty shall be directed
to the party and shall be returnable forthwith. No return except
that of compliance shall be allowed; however, the court may upon
sufficient grounds allow reasonable time for making the return.
Section History: Early Form
[R60, § 3769; C73, § 3382; C97, § 4350; C24, 27, 31, 35, 39, §
12452; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.14]


661.15 PERFORMANCE BY ANOTHER -- COSTS.
The court may, upon application of the plaintiff, besides or
instead of proceeding against the defendant by attachment, direct
that the act required to be done may be done by the plaintiff or some
other person appointed by the court, at the expense of the defendant,
and, upon the act being done, the amount of such expense may be
ascertained by the court, or by a referee appointed by the court, and
the court may render judgment for the amount of the expense and cost,
and enforce payment thereof by execution.
Section History: Early Form
[R60, § 3770; C73, § 3383; C97, § 4351; C24, 27, 31, 35, 39, §
12453; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.15]


661.16 TEMPORARY ORDERS.
During the pendency of the action, the court may make temporary
orders for preventing damage or injury to the plaintiff until the
action is decided.
Section History: Early Form
[R60, § 3771; C73, § 3384; C97, § 4352; C24, 27, 31, 35, 39, §
12454; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.16]


661.17 APPEAL BY STATE.
When the state is a party, it may appeal without security.
Section History: Early Form
[R60, § 3772; C73, § 3385; C97, § 4353; C24, 27, 31, 35, 39, §
12455; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 661.17]


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
Winston50703

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Registered: 03/08/04
Posts: 271
Reply with quote  #2 
You are on to something here. Especially when dealing with state agencies who refuse to do their jobs according to law.  For example; DHS refusing to investigate welfare fraud to CSRU refusing to lower child support despite loss of job due to company downsizing. Do you have any sample Mandamus forms?

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