Ostendorp v. Office of Disciplinary Counsel ( 2014 )

Electronically Filed
Supreme Court
SCPW-14-0000859
13-JUN-2014
01:39 PM
SCPW-14-000859
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL G.M. OSTENDORP, Petitioner,
vs.
THE OFFICE OF DISCIPLINARY COUNSEL, ACTING CHIEF DISCIPLINARY
COUNSEL CHARLENE M. NORRIS, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the May 30, 2014 petition for a
writ of prohibition submitted by Petitioner attorney Michael G.M.
Ostendorp, this court notes the passage of time between the
initial complaints and the present but, upon a review of the
record, anticipates their timely resolution, and concludes nothing
in the petition or the attached exhibits supports the conclusion
that the Office of Disciplinary Counsel has violated a duty owed
this court, or abused the discretion delegated to it by this court
to investigate the allegations of misconduct lodged against the
Petitioner. See Breiner v. Sunderland, 112 Haw. 60, 64-65, 143
P.3d 1262, 1266-67 (2006); In re Disciplinary Bd. of the Hawai#i
Supreme Court, 91 Hawai#i 363, 368-71, 984 P.2d 688, 693-96
(1999); Akinaka v. Disciplinary Bd. of the Hawai#i Supreme Court,
91 Hawai#i 51, 57, 979 P.2d 1077, 1083 (1999). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
prohibition is denied, without prejudice to the Petitioner, in his
discretion, filing a protective order with the appropriate party,
pursuant to Rule 12(c) of the Rules of the Disciplinary Board with
regards to his medical records.
DATED: Honolulu, Hawai#i, June 13, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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