Hanabusa v. Cayetano
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NO. 25197 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ COLLEEN HANABUSA, Petitioner, vs. THE HONORABLE BENJAMIN J. CAYETANO, in his Official Capacity as Governor of the State of Hawai#i; PAUL T. KAWAGUCHI, in his Official Capacity as Clerk of the Senate; PATRICIA MAU-SHIMIZU, in her Official Capacity as Clerk of the House of Representative, Respondents. _________________________________________________________________ ORIGINAL PROCEEDING (By: ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon consideration of Petitioner Colleen Hanabusa s petition for a writ of mandamus directed to public officers, the papers in support, and the records and files herein, it appears that: (1) A writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action. Barnett v. Broderick, 84 Hawai i 109, 111, 929 P.2d 1369, 1361 (1996); (2) Mandamus relief is available to compel an official to perform a duty allegedly owed only if the claim is clear and certain, the official s duty is ministerial in nature and so plainly prescribed as to be free from doubt, and no other remedy is available. Id.; and (3) Petitioner fails to demonstrate that she is entitled a writ of mandamus. Therefore, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to Petitioner seeking any other applicable remedy. DATED: Honolulu, Hawai#i, July 12, 2002. 2
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