Ka'iama v. Chairperson of the Disciplinary Board of the Hawai'i Supreme Court

Opinion

Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

15-NOV-2022

02:10 PM

Dkt. 42 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

DEXTER K. KA‘IAMA, Petitioner, vs.

CHAIRPERSON OF THE DISCIPLINARY BOARD OF THE HAWAI‘I SUPREME COURT, Respondent.

ORIGINAL PROCEEDING

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

Upon consideration of the petition for a writ of mandamus or other extraordinary writ and the separate motion for judicial notice, filed by attorney Dexter Ka‘iama on October 26, 2022, and the exhibits appended to both submissions, we conclude that Petitioner Ka‘iama, in his petition and attached exhibits, has failed to demonstrate a clear and indisputable right to relief and, hence, is not entitled to the requested writ. See Kema v. Gaddis, 91 Hawai‘i 200, 204-05, 982 P.2d 334, 338-39 (1999). We also find that the documents and publications cited in the

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motion for judicial notice, and in the appended documents which are the subject of the motion for judicial notice, are not adjudicative facts under the meaning of Rule 201 of the Hawai‘i Rules of Evidence. Therefore, IT IS ORDERED that the petition is denied.

IT IS FURTHER ORDERED that the motion for judicial notice is denied.

DATED: Honolulu, Hawaiʻi, November 15, 2022.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins