The phrase “pro tempore” is a Latin term that can be translated to mean “for the time being.” In law, it is used to refer to an individual who is designated to temporarily act or serve in a position of authority, such as a leader of a legislative body. It is also used to refer to legal documents that have temporary or limited validity.
Pro Tempore in the Legal System
In the legal system, pro tempore is used when an individual is appointed or elected to assume the duties of an office or post on either a temporary or permanent basis. This occurs most commonly when a regular office holder is absent or unavailable due to medical leave or other issues. In such cases, the individual appointed or elected to temporarily fill the role is known as a pro tempore.
For example, a mayor might need to take a leave of absence due to an illness. To ensure the continuity of government operations, a pro tempore would be elected to assume the mayor’s duties until the mayor’s return. In the same way, a lawyer might be temporarily appointed or elected to represent a client in court if the regular attorney is unavailable. In both cases, the appointed or elected individual is referred to as a pro tempore.
Pro Tempore in Legal Documents
Pro tempore can also refer to legal documents that are created with limited or temporary validity. These documents are often used to provide temporary relief or grant of rights pending a more permanent resolution. Examples of pro tempore documents include restraining orders, temporary guardianship orders, and temporary wills.
For example, in a situation where a parent is temporarily incapacitated due to an illness, the court may issue a pro tempore guardianship order granting temporary custody of the parent’s minor child to a relative or friend. This guardianship order would remain in effect until the parent is able to reassume custody of the child. Similarly, a pro tempore will may be used to designate guardianship of minor children in the event the parent passes away before creating a permanent will.
Conclusion
As demonstrated, pro tempore is an important term within the legal system. It can be used to refer to an individual who temporarily assumes the duties of an absent office holder, and it can also refer to legal documents created with temporary or limited validity. By understanding the meaning and uses of pro tempore, individuals can gain a better understanding of the legal system and its processes.