Electronically Filed
Supreme Court
30742
08-NOV-2010
02:07 PM
NO. 30742
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
ANTHONY GIGNAC, Petitioner,
vs.
CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I; and
DOUGLAS S. CHIN, DEPUTY PROSECUTING ATTORNEY, Respondents.
ORIGINAL PROCEEDING
(CR. NO. 95-2553)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ.
and Circuit Judge Kubo, assigned by reason of vacancy)
Upon consideration of petitioner Anthony Gignac's
"Motion for Appropriate Relief," filed on September 22, 2010,
which is deemed a petition for a writ of mandamus, and the papers
in support, it appears that the lodging of a detainer is within
the discretion of the prosecuting officer and HRS Chapter 834
(Agreement on Detainers) is invoked only when a detainer is
lodged. Therefore, petitioner is not entitled to mandamus relief
as to the respondent prosecuting attorney's decision not to lodge
a detainer against petitioner and as to the circuit court's
denial of petitioner's motion to dismiss Cr. No. 95-2553 for
violation of HRS Chapter 834. 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; In re. Disciplinary Bd. Of the
Hawaii Supreme Court, 91 Hawai'i 363, 368, 984 P.2d 688, 693
(1999) (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).
It further appears that the filing of documents is a
ministerial duty of the circuit court and petitioner has an
indisputable right to have his documents filed by the circuit
court. Therefore, petitioner is entitled to mandamus relief as
to the respondent circuit court's refusal to file, in Cr. No. 95
2553, petitioner's "Motion for Continuance/Lift Warrant" dated
August 12, 2010. See Barnett v. Broderick, 84 Hawai'i 109, 111,
929 P.2d 1359, 1361 (1996). Therefore,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of mandamus without
payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied as to: (1) the respondent prosecuting
attorney's decision not to lodge a detainer against petitioner,
and (2) the circuit court's denial of petitioner's motion to
dismiss Cr. No. 95-2553.
IT IS FINALLY ORDERED that the petition for a writ of
mandamus is granted as to the circuit court's refusal to file, in
Cr. No. 95-2553, petitioner's "Motion for Continuance/Lift
Warrant" dated August 12, 2010. The circuit court of the first
circuit shall file such document upon petitioner's resubmission
of the document for filing.
DATED: Honolulu, Hawai'i, November 8, 2010.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Edward H. Kubo, Jr.
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