Also known as: subordinate officers · subordinate · inferior officer
Written by attorneys · grounded in primary & secondary sources — see below
An officer whose duties are limited in scope and subject to supervision by a superior officer. Congress may therefore vest the appointment of such an officer in the President alone, the courts of law, or the heads of departments under the Appointments Clause.
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Sierra Santos, a junior associate at a firm, received a directive from her supervising partner on how to handle an arguable conflict question in a client's matter. She followed the partner's reasonable resolution of the duty. When a disciplinary complaint later arose, Sierra faced no violation because she acted in accordance with the supervisory resolution.
Selena Singh served as a special prosecutor appointed by a judicial council to investigate only one SEC official's dealings with a single firm. Her duties were narrow, her removal was for cause only, and she reported recommendations rather than issuing final orders. The appointment was upheld because she qualified as a subordinate officer whose selection Congress could vest in the courts.
Sebastian Santos bought equipment already subject to a perfected security interest held by Summit Bank. When Sebastian later granted a security interest in the same collateral to Sapphire Holdings, the new interest was subordinate because the bank's interest was perfected at the time of acquisition and remained continuously perfected.
Samantha Stone held a fee simple conditional and conveyed a life estate to a third party before any required issue was born. The conveyed life estate took effect but remained subordinate to the interest of the original conveyor and to any valid executory interests that followed the conditional estate.
Spencer Silver held an equitable interest in leased property. When Sydney Santos purchased the legal interest for value without notice of the equitable claim, Spencer's interest became subordinate to Sydney's legal title under the applicable priority rule.
Spectrum Financial acquired assets from Silverline Industries and granted a security interest perfected only by a financing statement that relied on the new-debtor rule. That interest was subordinate to an earlier security interest in the same collateral perfected by a different method.
A subordinate officer exercises limited duties focused on a narrow range of persons or subjects and remains subject to supervision or removal by a superior. A principal officer, by contrast, holds broad ongoing authority that requires presidential nomination and Senate confirmation.
Yes. When the officer's role is limited and the position is inferior, the Appointments Clause permits Congress to vest the appointment in the courts of law rather than requiring presidential nomination and Senate confirmation.
…a long history of disapproval of their relationships, this denial works a grave and continuing harm, serving to disrespect and subordinate gays and lesbians. Pp. 18–22. (4) The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth…
…We are here to decide cases "agreeably to the Constitution and laws of the United States." It is the essence of judicial duty to subordinate our own personal views, our own ideas of what legislation is wise and what is not. If, as I should surely hope, the law before us does not reflect the standards of the people of…
…Akron I , supra . The trimester framework no doubt was erected to ensure that the woman's right to choose not become so subordinate
…nor did he strive simply to prevent deliberate acts of persecution or discrimination. The idea that civil obligations are subordinate to religious duty is consonant with the notion that government must accommodate, where possible, those religious practices that conflict with civil law. Other early leaders expressed…
…but it is the central issue in this case: The second layer matters precisely when the President finds it necessary to have a
No. A subordinate lawyer does not violate the Rules when acting in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty.
A security interest created by a debtor is subordinate if the debtor acquired the collateral subject to a perfected security interest held by another person and there was no gap in perfection after acquisition.
A security interest created by a new debtor and perfected solely by a financing statement that would be ineffective but for the new-debtor rule is subordinate to a conflicting interest perfected by another method.