Opinion
SCPW-22-0000463
09-19-2022
AARON WILLIAMS, Petitioner, v. THE HONORABLE JAMES R. ROUSE, Judge of the Family Court of the Second Circuit, State of Hawai'i, Respondent Judge, and ALENA WILLIAMS, Respondent.
ORIGINAL PROCEEDING (CASE NO. 2DV211000420)
Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
Upon consideration of Petitioner's petition for a writ of mandamus or prohibition, filed on July 29, 2022, the documents attached and submitted in support, and the record, Petitioner has not demonstrated a clear and indisputable right to relief. Petitioner has also not demonstrated that the respondent judge exceeded the court's jurisdiction, committed a flagrant and manifest abuse of discretion, or refused to act on a matter properly before the court under circumstances in which the judge has a legal duty to act. Petitioner is thus not entitled to the requested extraordinary writs. See Kema v. Gaddis, 91 Hawai'i 200, 204, 982 P.2d 334, 338 (1999) (explaining that 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; such a writ is meant to restrain a judge who has exceeded the judge's jurisdiction, has committed a flagrant and manifest abuse of discretion, or has refused to act on a subject properly before the court under circumstances in which the judge has a legal duty to act); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of prohibition "is an extraordinary remedy . . . to restrain a judge of an inferior court from acting beyond or in excess of [their] jurisdiction"). Accordingly, It is ordered that the petition for a writ of mandamus or prohibition is denied.