In re: Smith

• Court: Hawaii Supreme Court
• Decided: June 19, 2023
• Docket: SCPW-23-0000284
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 19-JUN-2023 08:17 AM Dkt. 13 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

IN RE JULIE SMITH

ORIGINAL PROCEEDING

ORDER DENYING PETITION (By: Recktenwald, C.J., McKenna, Eddins, JJ., Circuit Judge Somerville and Circuit Judge Morikawa, appointed by reason of vacancies)

Upon consideration of the April 11, 2023 submission by

Julie Smith and its supporting documents, filed with this court

as a petition for a writ of mandamus, we conclude, with regard

to the claims asserted against all parties, that Smith has

failed to demonstrate a clear and indisputable right to relief

from this court, or the lack of an alternate remedy, or both.

See Straub Clinic & Hosp. v. Kochi, 81 Hawaiʼi 410, 414, 917 P.2d

1284, 1288 (1996). With regard to the Petitioner’s complaint

against the Office of Disciplinary Counsel (ODC), we conclude

Smith failed to demonstrate that ODC has abused its discretion. See Breiner v. Sunderland, 112 Hawaiʻi 60, 68, 143 P.3d 1262,

1270 (2006). Therefore,

It is ordered that the petition is denied.

DATED: Honolulu, Hawaiʻi, June 19, 2023.

/s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Rowena A. Somerville /s/ Trish K. Morikawa