In re: Smith

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Electronically Filed Supreme Court SCPW-23-0000284 19-JUN-2023 08:17 AM Dkt. 13 ODDP SCPW-23-0000284 IN THE SUPREME COURT OF THE STATE OF HAWAI‘I IN RE JULIE SMITH ORIGINAL PROCEEDING ORDER DENYING PETITION (By: Recktenwald, C.J., McKenna, Eddins, JJ., Circuit Judge Somerville and Circuit Judge Morikawa, appointed by reason of vacancies) Upon consideration of the April 11, 2023 submission by Julie Smith and its supporting documents, filed with this court as a petition for a writ of mandamus, we conclude, with regard to the claims asserted against all parties, that Smith has failed to demonstrate a clear and indisputable right to relief from this court, or the lack of an alternate remedy, or both. See Straub Clinic & Hosp. v. Kochi, 81 Hawai i 410, 414, 917 P.2d 1284, 1288 (1996). With regard to the Petitioner’s complaint against the Office of Disciplinary Counsel (ODC), we conclude Smith failed to demonstrate that ODC has abused its discretion. See Breiner v. Sunderland, 112 Hawai i 60, 68, 143 P.3d 1262, 1270 (2006). Therefore, It is ordered that the petition is denied. DATED: Honolulu, Hawai i, June 19, 2023. /s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Rowena A. Somerville /s/ Trish K. Morikawa 2

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