Opinion
NO. SCPW-11-0001018
01-25-2012
KEITH MURAUSKAS, Petitioner, v. CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent.
Electronically Filed
Supreme Court
SCPW-11-0001018
25-JAN-2012
01:47 PM
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of petitioner Keith Murauskas' petition for a writ of mandamus and the papers in support, it appears that petitioner has no clear and indisputable right to appeal to the circuit court pursuant to HRCP Rule 72 inasmuch as there is no statute that provides a right of review in the circuit court of a decision or action of the supreme court clerk's office. See HRCP Rule 72(a) ("Where a right of redetermination or review in a circuit court is allowed by statute, any person adversely affected by the decision, order or action of a governmental official or body other than a court, may appeal from such decision, order or action by filing a notice of appeal in the circuit court having jurisdiction of the matter.") (underscoring added). Therefore, petitioner is not entitled to mandamus relief. See In re Disciplinary Bd. of Hawaii Supreme Court, 91 Hawai'i 363, 368, 984 P.2d 688, 693 (1999) (Mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual's claim is clear and certain, the official's duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available.). Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate court shall process the petition for a writ of mandamus without payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu, Hawai'i, January 25, 2012.
Mark E. Recktenwald
Paula A. Nakayama
Simeon R. Acoba, Jr.
James E. Duffy, Jr.
Sabrina S. McKenna