Honolulu Civil Beat, Inc. v. Honolulu Police Commission

• Court: Hawaii Supreme Court
• Decided: October 24, 2017
• Docket: SCPW-17-0000661
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-17-0000661 24-OCT-2017 02:06 PM SCPW-17-0000661

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

HONOLULU CIVIL BEAT INC. and OAHU PUBLICATIONS INC., dba The Honolulu Star-Advertiser, Petitioners,

vs.

HONOLULU POLICE COMMISSION, Respondent. _________________________________________________________________

ORIGINAL PROCEEDING

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

Upon consideration of petitioners Honolulu Civil Beat

Inc. and Oahu Publications Inc., dba The Honolulu Star-

Advertiser’s petition for writ of mandamus, filed on September

11, 2017, respondent Honolulu Police Commission’s answer, filed

on October 9, 2017, the respective supporting documents, and the

record, it appears that, based on the record presented to this

court, no information has been presented that demonstrates that a

hearing pursuant to HRS §§ 52D-8 and -9 is currently pending or

has been scheduled in which a police officer has requested a

closed hearing under the policy that is at dispute in this

proceeding. 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). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, October 24, 2017.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson