Also known as: locum tenentes · locums tenens · temporary substitute · deputy
Written by attorneys · grounded in primary & secondary sources — see below
A person who temporarily holds the place of another in an official or professional capacity. The substitute performs the duties of the absent principal under the same authority and with the same legal effect.
Select any source to read its text and confirm it supports the definition.
When the grand jury foreperson fell ill, the deputy foreperson stepped in as locum tenens. She recorded the twelve concurring votes and presented the indictment to the magistrate judge in open court. The return satisfied the concurrence requirement and preserved the indictment's validity.
University counsel fell ill before oral argument in a student-newspaper funding dispute. Her associate appeared as locum tenens and presented the university's position that the funding denial violated the First Amendment. The Court accepted the substitution and proceeded without delay.
The sheriff's chief deputy served as locum tenens when the sheriff was unavailable. He arrested a suspect for failing to provide identification under the vagrancy statute and defended the stop in court. The substitution allowed enforcement to continue without interruption.
After the lead officer became unavailable, the patrol sergeant assumed the role of locum tenens and continued the pursuit of the fleeing vehicle. He directed the ramming maneuver that ended the chase. The substitution kept command authority intact throughout the incident.
When the town marshal was absent, his deputy acted as locum tenens and posted the trespass notice on the company-town sidewalk. The notice led to the arrest that raised the First Amendment question. The substitution maintained continuous enforcement of the town's rules.
The lead prosecutor was unavailable for the Gerstein hearing, so an assistant district attorney appeared as locum tenens. She presented the affidavit establishing probable cause for continued detention. The magistrate accepted the substitution and found the showing sufficient.
Yes. A locum tenens performs the duties of the absent principal and the acts carry the same legal effect. The substitution preserves continuity of official functions without requiring new authorization.
The deputy foreperson acts as locum tenens when the foreperson is absent. The deputy may administer oaths, sign indictments, and return them to the magistrate judge provided at least twelve jurors concur.
…amici curiae urging reversal were filed for the United States by Solicitor General Fried, Assistant Attorney General Habicht, Deputy Solicitor General Ayer, Deputy Assistant Attorneys General Marzulla, Hookano, and Kmiec, Richard J. Lazarus, and Peter R. Steenland, Jr.; and for the Breezy Point Cooperative by…