When does a judge not have discretion to perform an action?

• A. When a law prescribes a certain way to perform a certain action.
• B. When the judge follows a personal preference.
• C. When the case is complex.
• D. When there is no statute addressing the action.

Answer: (A)

When the law fixes a specific method for doing something, there is no room for the judge to choose differently. A statute that prescribes exactly how to perform an action binds the judge to follow that method, leaving no discretionary variation. The judge must apply the procedure as written to ensure compliance with the law and to maintain consistency and fairness.

Personal preference cannot control judicial action, and complexity does not remove the obligation to follow a prescribed method when one exists. If there’s no statute addressing the action, the court often has room to interpret or apply existing principles, which involves discretion rather than eliminating it.