NO. 27053
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
D.R. PARTNERS, dba The Hawaii Tribune-Herald and
West Hawaii Today, a Nevada general partnership,
Petitioner
vs.
THE HONORABLE MATTHEW S.K. PYUN, Administrative
Judge of the District Court of the Third Circuit,
Respondent
ORIGINAL PROCEEDING
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon
consideration of: (1) the petition for writ of mandamus filed by
Petitioner D.P. Partners, dba The Hawaii Tribune-Herald and West Hawaii
Today, the papers in support and opposition; and (2) the motion to
withdraw the petition for a writ
of mandamus, it appears that: (1) in the petition, Petitioner seeks a
writ of mandamus directing the respondent judge to
cease his stated practice of conducting criminal proceedings involving
persons in custody behind closed courtroom doors in
the District Court of the Third Circuit; (2) on February 17, 2005,
counsel for the respondent judge filed a declaration stating
that the respondent judge rescinded the disputed policy; (3) Petitioner
seeks leave to withdraw the petition due to the
cancellation of the disputed policy; and (4) with the cancellation
of the respondent judge's disputed policy, Petitioner
obtained the relief requested in the petition. Therefore,
IT IS HEREBY ORDERED that the motion to withdraw the petition for a writ of mandamus is granted, and this petition is
dismissed. Dismissal of this petition does not preclude Petitioner from seeking relief, if warranted, in the future.
DATED: Honolulu, Hawai`i, March 4, 2005.
Jeffrey S. Portnoy
and Elijah Yip for
petitioner on the
petition and motion