In re: Smith ( 2023 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
19-JUN-2023
08:17 AM
Dkt. 13 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
IN RE JULIE SMITH
ORIGINAL PROCEEDING
ORDER DENYING PETITION
(By: Recktenwald, C.J., McKenna, Eddins, JJ.,
Circuit Judge Somerville and Circuit Judge Morikawa,
appointed by reason of vacancies)
Upon consideration of the April 11, 2023 submission by
Julie Smith and its supporting documents, filed with this court
as a petition for a writ of mandamus, we conclude, with regard
to the claims asserted against all parties, that Smith has
failed to demonstrate a clear and indisputable right to relief
from this court, or the lack of an alternate remedy, or both.
See Straub Clinic & Hosp. v. Kochi, 81 Hawaiʼi 410, 414, 917 P.2d
1284, 1288 (1996). With regard to the Petitioner’s complaint
against the Office of Disciplinary Counsel (ODC), we conclude
Smith failed to demonstrate that ODC has abused its discretion.
See Breiner v. Sunderland, 112 Hawaiʻi 60, 68, 143 P.3d 1262,
1270 (2006). Therefore,
It is ordered that the petition is denied.
DATED: Honolulu, Hawaiʻi, June 19, 2023.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Rowena A. Somerville
/s/ Trish K. Morikawa
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