NO. 27777


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



ALICE P. CLAY, Petitioner


vs.


THE HONORABLE SABRINA S. MCKENNA, Judge of the Circuit
Court of the First Circuit, State of Hawai`i; STATE OF
HAWAI`I, LLOYD JAMES HOCHBERG, JR.; STANTON CLAY CHAPMAN
CRUMPTON & IWAMURA; GERALD S. CLAY; ROBERT E. CHAPMAN;
SCOTT I. BATTERMAN and DOE DEFENDANTS 1-20, Respondents



ORIGINAL PROCEEDING
(CIV. NO. 05-1-1720)





ORDER
(By: Duffy, J. for the court (1))

Upon consideration of Petitioner Alice P. Clay's application for a writ of mandamus, the papers in support, and the records and files herein, it appears: (1) Petitioner is seeking review of the November 29, 2005 order granting disqualification of Petitioner's attorney in Clay v. Hochberg, Civil No. 05-1-1720, and the January 23, 2006 order denying a motion for reconsideration; and (2) this court has determined that a petition for a writ of mandamus and/or prohibition is an appropriate way to review an order of disqualification. See Straub Clinic & Hospital v. Kochi, 81 Hawai`i 410, 917 P.2d 1284 (1996); Chuck v. St. Paul Fire and Marine Insurance Co., 61 Haw. 552, 606 P.2d 1320 (1980). Therefore,

IT IS HEREBY ORDERED that, pursuant to HRAP Rule 21(c) the respondents shall file an answer to the petition for a writ of mandamus within thirty days from the date of this order. Petitioner may file a supplemental memorandum or other supplemental material within the time provided. Pursuant to HRAP Rule 21(c), the respondent judge may elect not to appear.

DATED: Honolulu, Hawai`i, March 29, 2006.


Rory Soares Toomey
for petitioner on the
writ



1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.