Maddox v. Loo ( 2020 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
27-FEB-2020
02:07 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICKEY A. MADDOX, Petitioner,
vs.
THE HONORABLE RHONDA I. L. LOO, Judge of the Circuit Court of the
Second Circuit, State of Hawai#i, Respondent Judge,
and
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(SCWC-XX-XXXXXXX; S.P.P. NO. 13-1-0004; CR. NO. 09-1-0284)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Mickey A. Maddox’s
petition for writ of mandamus, filed on January 6, 2020, the
respondent State of Hawai#i’s answer, filed on February 6, 2020,
the respondent judge’s response, filed on February 6, 2020, the
respective supporting documents, and the record, it appears that
the circuit court has granted the motion for new counsel and
appointed new counsel to represent petitioner, the motion for
disqualification/recusal is currently set for February 18, 2020,
at 8:15 a.m., and, as explained by the respondent judge, once the
motion for disqualification/recusal has been decided, the
evidentiary hearing will be set. Thus, based on the current
state of the underlying record in this case, petitioner’s request
for extraordinary relief is not warranted. 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); Wong v. Fong, 60 Haw. 601,
604, 593 P.2d 386, 389 (1979) (an extraordinary writ will
ordinarily be invoked in exceptional circumstances amounting to
judicial usurpation of power). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, February 27, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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