Opinion
No. 29751
April 22, 2009.
ORIGINAL PROCEEDING (SPP NO. 06-1-0021 (Cr. Nos. 59460, 60121, 84-0553, 85-0110))
By: MOON, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ. and Intermediate Court of Appeals Chief Judge RECKTENWALD, assigned by reason of vacancy.
ORDER
Upon consideration of the petition for a writ of mandamus filed by petitioner De Mont R. D. Conner, the papers in support, and the record of SPP No. 06-1-0021, it appears that SPP No. 06-1-0021 is scheduled for an evidentiary hearing before the respondent judge on June 22, 2009 at 1:30 p.m. The June 22, 2009 hearing date was set by the respondent judge and counsels for the parties at the February 23, 2009 status conference. Petitioner was represented at the status conference by private counsel Jeffrey Arakaki, who was appointed as petitioner's counsel pursuant to HRPP 40(i), which obliged the respondent judge to appoint counsel to represent petitioner at the evidentiary hearing. Petitioner can discuss the evidentiary hearing with counsel Arakaki, who can move the respondent judge for orders regarding scheduling, transportation, and transcripts. Therefore, petitioner is not entitled to mandamus relief.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 a writ of mandamus is denied.