Liu v. Onaka ( 2019 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
13-JUN-2019
03:06 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
JANE J. P. LIU, Petitioner,
vs.
ALVIN T. ONAKA, Ph.D., in his capacity as Registrar of Vital
Statistics for the State of Hawai#i, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Jane J. P. Liu’s
petition for writ of mandamus, filed on June 4, 2019, the
documents attached thereto and submitted in support thereof, and
the record, it appears that, based on the information presented
to this court, petitioner fails to demonstrate that she is
entitled to the requested extraordinary writ. 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); Barnett v.
Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996) (with
respect to a public official, 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 petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, June 13, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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