Kulik v. Commission on Judicial Conduct
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Electronically Filed Supreme Court SCPW-23-0000413 25-SEP-2023 08:05 AM Dkt. 34 ORD SCPW-23-0000413 IN THE SUPREME COURT OF THE STATE OF HAWAI‘I DOROTHY KULIK, Petitioner, vs. COMMISSION ON JUDICIAL CONDUCT, Respondent, and THE HONORABLE MICHAEL K. SOONG, Judge of the District Court of the Fifth Circuit, State of Hawai i, Respondent Judge, and STATE OF HAWAI I, Respondent. ORIGINAL PROCEEDING (5DTP-22-009571) ORDER (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Park and Circuit Judge Kawashima, assigned by reason of vacancies) Upon consideration of the June 30, 2023 submission by Petitioner Dorothy Kulik, the exhibits attached thereto, the July 31, 2023 motion for injunctive relief and appointment of a special master, the declaration and exhibits appended thereto, the August 28, 2023 First Supplemental Declaration, the documents filed in this case on September 6, 2023, and the record in this matter and in State v. Dorothy Kulik, 5DTP-22009571, we conclude the Petitioner has failed to demonstrate that the district court exceeded its jurisdiction, committed a flagrant and manifest abuse of discretion, or refused to act on a subject properly before it, in which the court was subject to a legal duty to act (see State ex rel. Kaneshiro v. Huddy, 82 Hawai i 188, 193, 921 P.2d 108, 113 (1996)), or that she lacks alternate remedies. We also conclude, with regard to the Commission on Judicial Conduct and the county and state entities identified by Petitioner in the June 30, 2023 filing, that the Petitioner has similarly failed to establish a clear and indisputable right to relief and the lack of other means to redress the alleged wrong or obtain the requested action (see Kema v. Gaddis, 91 Hawai i 200, 204, 982 P.2d 334, 338 (1999)). Finally, we find and conclude that allowing the Petitioner to proceed in forma pauperis is warranted by the submitted materials. Therefore, It is ordered that the motion to proceed in forma pauperis is granted. The clerk shall waive the filing fee for the petition. 2 It is further ordered that the petition, and all other requests for relief set forth in the June 30, 2023, July 31, 2023, August 28, 2023, and September 6, 2023 filings, are denied. DATED: Honolulu, Hawai i, September 25, 2023. /s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Shanlyn A.S. Park /s/ James S. Kawashima 3
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