Rozembersly v. Hawaii Bar Commission ( 2017 )

Electronically Filed
Supreme Court
SCPW-17-0000005
26-JAN-2017
02:17 PM
SCPW-17-0000005
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
STEFAN ROZEMBERSKY, Petitioner,
vs.
HAWAI'I BAR COMMISSION, Respondent.
ORIGINAL PROCEEDING
(SCBA-16-0000190)
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner Stefan Rozembersky’s
Petition for Writ of Mandamus,1
Statement of Facts, Statement of
Issues and Relief Sought, and Statement of Reasons for Issuing
the Writ filed on January 4, 2017:
(1) Petitioner petitions the court to:
(a) amend certain supreme rules related to
examination and admission to the State bar;
(b) allow attorneys, who are admitted and in good
standing in another state, take the Hawai'i bar
examination, regardless of law school
accreditation;
(c) allow for “waiver by motion” which would
1
Petitioner did not pay the required filing fee for this
petition for a writ of mandamus. See Rule 45(e)(1) and Appendix B of
the Hawai'i Rules of Appellate Procedure.
allow applicant attorneys admission to the Hawai'i
bar without examination; and
(d) award Petitioner costs and reasonable attorneys’
fees associated with bringing this matter before the
court.
(2) A writ of mandamus is an extraordinary remedy that
will not issue unless the Petitioner demonstrates a clear and
indisputable right to relief. Straub Clinic & Hospital v. Kochi,
81 Hawai'i 410, 414, 917 P.2d 1284, 1288 (1996).
(3) Petitioner fails to demonstrate that he has a clear
and indisputable right to the relief requested. Therefore,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
' January 26, 2017.
DATED: Honolulu, Hawaii,
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2