Acuna v. Office of Disciplinary Counsel ( 2012 )

Electronically Filed
Supreme Court
SCPW-11-0001085
09-FEB-2012
11:42 AM
NO. SCPW-11-0001085
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
BENJAMIN ACUNA, Petitioner,
vs.
OFFICE OF DISCIPLINARY COUNSEL, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon review of the letters to the Chief Justice and
Associate Justices submitted by Petitioner Benjamin Acuna
concerning the Office of Disciplinary Counsel (ODC) and
Petitioner Acuna’s counsel Emmanuel V. Tipon, which we consider
as a petition for a writ of mandamus, materials submitted by ODC
in response to our December 27, 2011 order, and the record, it
appears that ODC did not abuse its discretion in the matter. See
In re Disciplinary Board of the Hawai'i Supreme Court, 91 Hawai'i
363, 368, 370-71, 984 P.2d 688, 693, 695-96 (1999). It further
appears that Petitioner Acuna’s request regarding the files in
the possession of attorney Tipon is moot. Therefore,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, February 9, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna