Leas v. Ching ( 2022 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
14-OCT-2022
11:05 AM
Dkt. 8 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DAVID BARTLEY LEAS, Petitioner,
vs.
THE HONORABLE GALE CHING,
Judge of the Family Court of the First Circuit, State of Hawai#i,
Respondent Judge,
and
CRYSTAL WAITKUS LEAS, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., McKenna, Wilson, and Eddins, JJ., and
Circuit Judge Morikawa, in place of Nakayama, J., recused)
Upon consideration of the Petitioner’s September 21,
2022 petition for a writ of mandamus, the record in the
underlying litigation, 1DV161001014, and the record in CAAP-18-
0000211, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-
XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX,
and CAAP-XX-XXXXXXX, we conclude that the Petitioner has failed
to demonstrate that he has a clear and indisputable right to
relief and no other remedy, see State ex rel. Kaneshiro v. Huddy,
82 Hawai&i 188, 193, 921 P.2d 108, 113 (1996). We further
conclude that a review of the entirety of the aforementioned
cases does not establish conduct by the Respondent Judge that
would warrant requiring disqualification. Cf. Peters v.
Jamieson, 48 Haw. 247, 263-64, 397 P.2d 575, 586 (1964).
Therefore,
IT IS ORDERED that the petition is denied.
IT IS FURTHER ORDERED that the motion to disqualify the
Respondent Judge from presiding over future proceedings in this
matter is denied.
DATED: Honolulu, Hawai#i, October 14, 2022.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
/s/ Trish K. Morikawa
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