If you have not heard of a “Writ of Mandamus”, don’t worry. Most people don’t know what one is. Even most attorney’s that are supposed to learn about them in school. I will try and educate you a little bit here today. I want to set this up properly for you. Let’s say that you are me. And the North Carolina Department of Insurance does not want to do their jobs in the Bail Bond industry. IMAGINE THAT IF YOU WILL. What do you do to make them do their respective jobs in accordance with the laws that are already established in North Carolina. There is one way. Let me explain.
First I need to start off by giving a definition and the three different types of Mandamus.
WIKIPEDIA……….. Mandamus…. (“We Command”) is a judicial remedy in the form of an order from a SUPERIOR COURT. To any government subordinate court, corporation, OR PUBLIC AUTHORITY, “to do” or forbear from doing. Some specific act which that body is obliged under law to do, or refrain from doing, and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or another then a Mandamus can be used to order the court to rule on the applications.
Mandamus may be a command to do an administrative action or take a particular action, and is supplemented by legal right. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.
TYPES of Mandamus;
- Alternative Mandamus: A Mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.
- Peremptory Mandamus: An absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative Mandamus.
- Continuing Mandamus: A Mandamus issued to a lower authority in general public interest asking the officer or authority to perform its tasks expeditiously for an unstipulated period of time for preventing miscarriage of justice.
I will only address State courts of North Carolina here.
In North Carolina State courts, Mandamus is authorized as one of the Extraordinary Writs, under Rule 22 of the North Carolina Rules of Appellate Procedure. The writ of Mandamus may be issued in instances where, for instance, the lower court fails to timely issue a written order after rendition ( thus precluding both the possibility of an appeal or enforcement of the rendition and leaving the litigates in limbo ).
The North Carolina Court of Appeals has spoken on the possible course of action in such situations and confirmed that petitioning for a writ of Mandamus in the only available route. Siting McKyer v. McKyer.
I bring all of this to your attention for and against one single office here in our State of North Carolina, the Department of Insurance. But these Writ of Mandamus, can be assessed against all of North Carolina Departments that are not doing their respective jobs no matter of which one it is.
For an example of this I bring your attention to the Captive Unit of the North Carolina Department of Insurance here in North Carolina which is called the Bail Bond Industry. This Department of Insurance has not fulfilled its duties to the citizens of North Carolina on many levels. From not enforcing the laws to letting criminals get away with political power broking. For an example of this I bring your attention back to the news story of corruption on Wayne Goodwin and his attorney friend Mark Bibbs. in Aug. 2016.
Since no one at the Department of Insurance wants this to become public, and since this department does not want to do there jobs except come after someone like myself for proving that they, “the deputy commissioners to include the commissioner”, are indeed not doing their respective jobs. I post this article to show that anyone in this State can make a difference in this State. All they have to do is show just cause in their actions.
I have in my possession document after document showing that people are outright breaking that law and the Department of Insurance has not done one damn thing to correct itself. It is now time for the citizens of North Carolina to stand up and make these State boards to actually do the job that there were hired to do to begin with.