What Writ Was It?

By Nick Levinson

I looked up a writ, to find out what it can do. Did I get it wrong?

I was asked decades ago, by a paralegal who likely wrote briefs for use in courts. I’ve long forgotten what the writ was called. It was an ancient English writ. I don’t know if it was ever used in a court in the U.S., but if it was part of English common law then maybe it could be used here.

I researched it. It would let a judge take over cases from other judges. Maybe the judge liked certain kinds of cases and wanted them out of other judges’ hands. I wasn’t sure what kinds of courts could have their cases taken away by the judge.

I don’t doubt that I used good legal sources for my research. I had the skill.

I thought it would not fly here. I thought if a judge issued it other judges would retaliate and use of the writ would come to an end. Maybe judge A would issue the writ against judge B who would issue a writ to reverse the first writ.

But also I thought judges were randomly assigned to cases. I thought courts thought that random assignment was necessary for fairness and therefore would preserve that system against attack by such a writ. Maybe they used to be randomly assigned, but that’s probably not the situation anymore, in most courts.

And one organization wanted some relief and filed over one thousand lawsuits to get it. One could imagine a judge bringing all of those lawsuits under that judge’s eye.

Some subject jurisdictions require such advanced study that it makes more sense to let a judge specialize in that subject and take all or most of the cases on that subject.

So maybe the writ was, or is, still useful and its use would not lead to retaliation or abolishment. What I said to the paralegal back then I wouldn’t say today.

Maybe I was right back then. Maybe I’m just doubting an old act merely because I doubt myself sometimes. Believing you’re always perfect can lead to disasters, and I like to be realistic.

What was that writ called? It’s nothing I’d recognize now. I have no notes about it. I wish I could remember.