Tierney v. Sakai

Electronically Filed
Supreme Court
SCPW-12-0001116
24-JAN-2013
10:31 AM
SCPW-12-0001116
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY,
Petitioner,
vs.
TED SAKAI, INTERIM DIRECTOR, DEPARTMENT OF PUBLIC SAFETY,
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Michael C. Tierney’s
petition for a writ of mandamus, which was filed on December 27,
2012, and the documents attached thereto and submitted in support
thereof, it appears that petitioner fails to demonstrate that the
relief he seeks is subject to a writ of mandamus. See Kema v.
Gaddis, 91 Hawai#i 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); Barnett v.
Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996)
(mandamus relief is available to compel an official to perform a
duty allegedly owed to an individual only if the individual’s
claim is clear and certain, the official’s duty is ministerial
and so plainly prescribed as to be free from doubt, and no other
remedy is available); Salling v. Moon, 76 Hawai#i 273, 274 n.3,
874 P.2d 1098, 1099 n.3 (1994) (a ministerial duty is one “where
the law prescribes and defines the duty to be performed with such
precision and certainty as to leave nothing to the exercise of
discretion and judgment”). Therefore,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, January 24, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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