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Electronically Filed Supreme Court SCPW-XX-XXXXXXX 15-NOV-2022 02:10 PM Dkt. 42 ODDP SCPW-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAI‘I DEXTER K. KA‘IAMA, Petitioner, vs. CHAIRPERSON OF THE DISCIPLINARY BOARD OF THE HAWAI‘I SUPREME COURT, Respondent. ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) Upon consideration of the petition for a writ of mandamus or other extraordinary writ and the separate motion for judicial notice, filed by attorney Dexter Ka‘iama on October 26, 2022, and the exhibits appended to both submissions, we conclude that Petitioner Ka‘iama, in his petition and attached exhibits, has failed to demonstrate a clear and indisputable right to relief and, hence, is not entitled to the requested writ. See Kema v. Gaddis, 91 Hawai‘i 200, 204-05,
982 P.2d 334, 338-39 (1999). We also find that the documents and publications cited in the motion for judicial notice, and in the appended documents which are the subject of the motion for judicial notice, are not adjudicative facts under the meaning of Rule 201 of the Hawai‘i Rules of Evidence. Therefore, IT IS ORDERED that the petition is denied. IT IS FURTHER ORDERED that the motion for judicial notice is denied. DATED: Honolulu, Hawaiʻi, November 15, 2022. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins 2
Document Info
Docket Number: SCPW-22-0000634
Filed Date: 11/15/2022
Precedential Status: Precedential
Modified Date: 11/16/2022