Ka'iama v. Chairperson of the Disciplinary Board of the Hawai'i Supreme Court ( 2022 )


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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