Anonymous Donors v. Connors ( 2020 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
16-JUN-2020
11:21 AM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
ANONYMOUS DONORS, Petitioners,
vs.
CLARE CONNORS, ATTORNEY GENERAL OF THE STATE OF HAWAIʻI,
Respondent Public Official; and JUDGE OF THE TENTH DIVISION OF
THE FIRST CIRCUIT COURT, STATE OF HAWAIʻI, Respondent Judge,
and
KAHEA: HAWAIIAN ENVIRONMENTAL ALLIANCE, a nonprofit corporation;
and FIRST HAWAIIAN BANK, a domestic profit corporation,
Respondents.
ORIGINAL PROCEEDING
(S.P. NO. XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioners Anonymous Donors’
petition for writ of mandamus, filed on February 28, 2020, the
documents attached thereto and submitted in support thereof, and
the record, it appears that the underlying order is on appeal
before the Intermediate Court of Appeals and enforcement of the
subpoena has been stayed. There is no exigent or imminent
circumstance to warrant extraordinary relief at this juncture.
See Kema v. Gaddis, 91 Hawaiʻi 200, 204, 982 P.2d 334, 338 (1999)
(a writ of mandamus is an extraordinary remedy that will not
issue unless the petitioner demonstrates a clear and
indisputable right to relief and a lack of alternative means to
redress adequately the alleged wrong or obtain the requested
action; such a writ is meant to restrain a judge of an inferior
court who has exceeded his or her jurisdiction, has committed a
flagrant and manifest abuse of discretion, or has refused to act
on a subject properly before the court under circumstances in
which he or she has a legal duty to act). Accordingly,
IT IS HEREBY ORDERED that the petition for writ
mandamus is denied.
DATED: Honolulu, Hawaiʻi, June 16, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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