Electronically Filed
Supreme Court
SCPW-11-0001030
25-JAN-2012
01:49 PM
NO. SCPW-11-0001030
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
KEITH RUSSELL JUDD, Petitioner,
vs.
STATE OF HAWAI'I OFFICE OF ELECTIONS, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of petitioner Keith Russell Judd's
petition for a writ of mandamus, it appears that petitioner fails
to demonstrate a clear and indisputable right to relief.
Therefore, petitioner is not entitled to mandamus relief. See
HRS § 602-5(3) (2010) (“The supreme court shall have jurisdiction
and power . . . [t]o exercise original jurisdiction in all
questions . . . arising under writs of mandamus directed to
public officers to compel them to fulfill the duties of their
offices[.]”); In re Disciplinary Bd. of 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.). Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for writ of mandamus without
payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, January 25, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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