Johnson v. Laderta

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Electronically Filed Supreme Court SCPW-13-0000932 24-JUN-2013 10:23 AM SCPW-13-0000932 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ANTHONY JOHNSON, Petitioner, vs. MARIE LADERTA, WANDA CHONG-MENDONCA, and ADMINISTRATIVE DIRECTOR OF THE COURTS, Respondents. ORIGINAL PROCEEDING (ADLRO CASE NOS. 12-07002, 13-01883) ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.) Upon consideration of petitioner Anthony Johnson s petition for a writ of mandamus and/or prohibition, filed on May 17, 2013, and the documents attached thereto and submitted in support thereof, it appears that petitioner s license was revoked at the time of his April 11, 2013 arrest (ADLRO No. 13-01883) and, therefore, he did not have a clear and indisputable right to an ignition interlock permit in ADLRO No. 13-01883. 291E-44.5(b)(1) (Supp. 2012). See HRS § In addition, petitioner has alternative means to obtain the requested relief. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus and/or a writ of prohibition 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); State ex rel. Marsland v. Ames, 71 Haw. 304, 306, 788 P.2d 1281, 1283 (1990) ( [T]he mere fact that other remedies are not available has never in itself been sufficient justification for [a writ]. ); Barnett v. Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996) (mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual s claim is clear and certain, the official s duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available). Accordingly, IT IS HEREBY ORDERED that the petition for a writ of mandamus and/or prohibition is denied. DATED: Honolulu, Hawai#i, June 24, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack

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