This case has been cited 1 times or more.
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2016-01-11 |
LEONEN, J. |
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| An act is considered ministerial if "an officer or tribunal performs in the context of a given set of facts, in a prescribed manner and without regard for the exercise of his or its own judgment, upon the propriety or impropriety of the act done."[62] In contrast, an act is considered discretionary "[i]f the law imposes a duty upon a public officer, and gives him the right to decide how or when the duty shall be performed."[63] Considering that "full discretionary authority has been delegated to the executive branch in the determination of probable cause during a preliminary investigation,"[64] the functions of the prosecutors and the Secretary of Justice are not ministerial. | |||||