Also known as: munera publica · public office · public duty
Written by attorneys · grounded in primary & secondary sources — see below
An obligation imposed by law on a person holding public office or employment.
The city attorney met with a contractor to resolve a disputed public works payment. During the talks the public works director conceded possible design delays while offering partial payment for a release. Because the director spoke while performing an official regulatory duty, the statement fell outside the ordinary bar on compromise evidence.
A sitting judge was asked to appear at a rally supporting a mayoral candidate. The judge declined, explaining that the request would require publicly endorsing a candidate while carrying out the public duty of maintaining judicial impartiality.
Select any source to read its text and confirm it supports the definition.
A lawyer who had raised large sums for a judge's reelection campaign later sought appointment as a special master in a government case. The timing and scale of the contributions suggested the lawyer performed the public duty of political participation to secure the paid role.
A county health department inspector recorded algae growth at a hotel pool during a required sanitary check. The resulting form documented the office's activities performed as part of its public duty to enforce health regulations.
After a drowning at a public pool the county coroner prepared a death certificate listing the cause as accidental. The certificate fulfilled the public duty to report deaths to the vital records office under legal obligation.
A deed conveying an easement was filed in the county recorder's office. The recorded document satisfied the public duty to maintain an official registry of property interests as required by statute.
The exception applies when negotiations relate to a claim by a public office exercising regulatory, investigative, or enforcement authority. The rule does not require the public office to be a formal party to the underlying civil claim.
Model Rule of Judicial Conduct 4.1(A)(3) prohibits a judge from publicly endorsing or opposing a candidate for any public office. The prohibition protects the appearance of judicial impartiality while the judge performs the public duty of the judicial office.
A contribution or solicitation is improper if made for the purpose of obtaining or being considered for a government legal engagement or judicial appointment. Courts examine timing, amount, and targeting to determine whether the contribution would have occurred but for the prospect of the paid public role.
A document bearing the seal of a public office or political subdivision is treated as authentic without live testimony. The seal itself satisfies the authentication requirement when the record is offered to prove the office's activities or matters observed under a legal duty.
…be a specific legal remedy for the commission. The judgment in detinue is for the thing itself or its value. The value of a public office not to be sold is incapable of being ascertained; the applicant has a right to the office itself or to nothing. He will obtain the office by obtaining the commission or a copy of it from…