Taylor v. Chang

• Court: Hawaii Supreme Court
• Decided: December 11, 2014
• Docket: SCPW-14-0001359
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-14-0001359 11-DEC-2014 01:53 PM

SCPW-14-0001359

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

SCARLETT A. TAYLOR, Petitioner,

vs.

THE HONORABLE GARY W.B. CHANG, JUDGE OF THE CIRCUIT

COURT OF THE FIRST CIRCUIT, Respondent Judge,

and

ELISA M. OMEECHEVARRIA, Respondent.

ORIGINAL PROCEEDING

(CIV. NO. 1CC 13-1-003006)

ORDER

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioner Scarlett A. Taylor’s

letter dated November 17, 2014 and received on November 18, 2014,

which was filed as a petition for a writ of mandamus directed to

Judge Gary W.B. Chang, it appears petitioner is seeking: (1)

removal of Judge Gary W.B. Chang from presiding over Taylor v.

Omeechevarria, Civil No. 13-1-003006, which is presently pending

in the Circuit Court of the First Circuit and the appointment of

another judge to hear the case; and (2) supreme court review of

the appended motion/objections to a minute order dismissing the

circuit court case. From a review of the record, it further

appears that there is a hearing scheduled on December 17, 2014,

and petitioner can raise any objections to the minute order at

that time and seek any further relief in the circuit court

related to the issues raised in her letter. Petitioner also has

a remedy by way of appeal from any adverse judgment. Therefore,

IT IS HEREBY ORDERED that the petition for a writ of

mandamus directed to Judge Gary W.B. Chang is denied without

prejudice to any remedy petitioner may have in the pending

circuit court case and without prejudice to any remedy she may

have by way of appeal from any adverse judgment. See Kema v.

Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334, 338-39 (1999)

(writs of mandamus are not meant to supersede the legal

discretionary authority of the lower court, nor are they intended

to serve as legal remedies in lieu of normal appellate

procedures).

DATED: Honolulu, Hawai'i, December 11, 2014.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson