In re: Schmidt

• Court: Hawaii Supreme Court
• Decided: February 19, 2025
• Docket: SCPW-24-0000356
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 19-FEB-2025 10:50 AM Dkt. 11 ORD

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAII

IN RE THOMAS SCHMIDT

ORIGINAL PROCEEDING

ORDER (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)

On May 6, 2024, Petitioner Thomas Schmidt filed a letter

requesting to be removed from the vexatious litigant list which

was docketed as a petition for writ of mandamus (Petition).

Citing to Hawaiʻi Revised Statutes (HRS) § 634J-7 (2016), Schmidt

contends he is entitled to be removed from the vexatious

litigant list maintained by the clerk of the supreme court

because he has not initiated a lawsuit for fifteen years.

The court takes judicial notice of the vexatious litigant

list marked “Updated: 08/29/2024” which is available on the

Judiciary’s website at https://www.courts.state.hi.us/ under the “Legal References” menu at “Vexatious Litigants.” On this list,

Schmidt is referenced as a vexatious litigant as follows:

Name of Litigant: Court – Order was Filed in: Case Number: Schmidt, Thomas F. Third Circuit Court (Kona) Civ 03-1-0038K Schmidt, Thomas Third Circuit Court (Kona) Civ 04-1-0004K Schmidt, Tom Third Circuit Court Admin Order Schmidt, Thomas F. Third Circuit Court Civ 03-1-0038K

We disagree with Schmidt’s interpretation of Chapter 634J

of the Hawaiʻi Revised Statutes. We are not persuaded that a

prefiling order entered by a court under HRS § 634J-7 which does

not expire on its own terms, would otherwise lose effect because

the person declared a vexatious litigant, by virtue of the

passage of time, no longer meets the statutory definition of

“vexatious litigant” set forth at HRS § 634J-1 (2016).

In order for Schmidt to establish that he is entitled to

removal from the vexatious litigant list maintained by the clerk

of the supreme court, the burden is on Schmidt to establish that

any order declaring him a vexatious litigant has been set aside,

or is no longer in effect. Based on the information submitted

by Schmidt, we are not persuaded that Schmidt has established a

clear and indisputable right to the relief requested.

We deny the petition without prejudice. Any future request

by Schmidt addressed to this court that requests his removal

from the vexatious litigant list shall be filed by the clerk of

2 the supreme court in this case. The filing fee for the petition

is waived.

DATED: Honolulu, Hawaii, February 19, 2025.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens