Honolulu Civil Beat Inc. v. Crabtree

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
25-SEP-2019
02:00 PM

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I
_________________________________________________________________

HONOLULU CIVIL BEAT INC., Petitioner,

vs.

THE HONORABLE JEFFREY P. CRABTREE, Circuit Court Judge of the
First Circuit, State of Hawai#i, Respondent Judge,

and

STATE OF HAWAII ORGANIZATION OF POLICE OFFICERS (SHOPO),
exclusive representative for Bargaining Unit 12, Police; and
CITY AND COUNTY OF HONOLULU, Respondents.
_________________________________________________________________

ORIGINAL PROCEEDING
(CIVIL NO. 18-1-0823-05)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioner Honolulu Civil Beat

Inc.’s petition for writ of mandamus, filed on September 5, 2019,

the documents attached thereto and submitted in support thereof,

and the record, it appears that an appeal is pending in CAAP-19-

0000450. Petitioner may seek relief through the appellate

process, as appropriate. Petitioner, therefore, is not entitled

to the requested writ of mandamus. See Kema v. Gaddis, 91

Hawai#i 200, 204-05, 982 P.2d 334, 338-39 (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; a writ of mandamus

is not intended to supersede the legal discretionary authority of

the trial courts, cure a mere legal error, or serve as a legal

remedy in lieu of normal appellate procedures). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, September 25, 2019.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

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