Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
16-JUL-2021
01:05 PM
Dkt. 12 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
_________________________________________________________________
SARA DRAWDY and OBO of MINOR CHILDREN, Petitioner,
vs.
THE HONORABLE MAHILANI E. K. HIATT,
Judge of Family Court of the Third Circuit, State of Hawai#i,
Respondent Judge,
and
JOSHUA BUNCH, Respondent.
_________________________________________________________________
ORIGINAL PROCEEDING
(CASE NO. FC-DA 21-1-107K)
ORDER DENYING PETITION FOR EXTRAORDINARY WRIT AND/OR
WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of the petition for extraordinary
writ and/or writ of mandamus, filed on June 22, 2021, the
documents submitted in support thereof, and the record, it
appears that petitioner fails to demonstrate that she has a clear
and indisputable right to the requested relief or that the
respondent judge has flagrantly and manifestly abused her
discretion in modifying the orders in the underlying proceeding
or in addressing the issue regarding the appointment of a
Guardian Ad Litem. Additionally, the issue of the respondent
judge’s disqualification is pending in the family court.
Petitioner, therefore, is not entitled to the requested
extraordinary writ. 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; such a writ is meant to restrain a
judge of an inferior court who has exceeded his or her
jurisdiction, has committed a flagrant and manifest abuse of
discretion, or has refused to act on a subject properly before
the court under circumstances in which he or she has a legal duty
to act). Accordingly,
IT IS HEREBY ORDERED that the petition for
extraordinary writ and/or writ of mandamus is denied.
DATED: Honolulu, Hawai#i, July 16, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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