Honolulu Civil Beat, Inc. v. Honolulu Police Commission

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Electronically Filed Supreme Court SCPW-17-0000661 24-OCT-2017 02:06 PM SCPW-17-0000661 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ HONOLULU CIVIL BEAT INC. and OAHU PUBLICATIONS INC., dba The Honolulu Star-Advertiser, Petitioners, vs. HONOLULU POLICE COMMISSION, Respondent. _________________________________________________________________ ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioners Honolulu Civil Beat Inc. and Oahu Publications Inc., dba The Honolulu StarAdvertiser’s petition for writ of mandamus, filed on September 11, 2017, respondent Honolulu Police Commission’s answer, filed on October 9, 2017, the respective supporting documents, and the record, it appears that, based on the record presented to this court, no information has been presented that demonstrates that a hearing pursuant to HRS §§ 52D-8 and -9 is currently pending or has been scheduled in which a police officer has requested a closed hearing under the policy that is at dispute in this proceeding. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (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). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied. DATED: Honolulu, Hawai#i, October 24, 2017. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2

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