Bertleman v. Otani ( 2022 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
15-JUN-2022
10:07 AM
Dkt. 11 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DUANE BERTLEMAN, Petitioner,
vs.
MAX N. OTANI, in his official capacity as Director of the
Department of Public Safety, State of Hawai#i, Respondent.
ORIGINAL PROCEEDING
(CASE NOS. 2CPC-XX-XXXXXXX, 2PC161000093)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner Duane Bertleman’s
petition for writ of mandamus, filed on May 23, 2022, the
documents attached and submitted in support, and the record,
petitioner has not demonstrated that he lacks alternative means
to seek relief. Petitioner may seek relief by filing a HRPP Rule
40 petition in the circuit court. An extraordinary writ is thus
not warranted. 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); Barnett v. Broderick, 84 Hawai#i
109, 111, 929 P.2d 1359, 1361 (1996) (stating, 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 ordered that the petition for writ of mandamus is
denied.
DATED: Honolulu, Hawai#i, June 15, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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