Clay v. McKenna (Order)

ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Petitioner Alice P. Clay's application for a writ of mandamus, the papers in support and opposition, and the records and files herein, it appears: (1) Petitioner is seeking review of the order granting a motion to disqualify Petitioner's attorney and the order denying the motion for reconsideration in Clay v. Hochberg, Civil No. 05-1-1720, presently pending in the Circuit Court of the First Circuit; (2) a petition for a writ of mandamus 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); (3) where the basis upon which the trial court rested its order of disqualification is clearly insufficient and a convincing showing is made by the petitioner that irreparable and immediate harm would otherwise result, the petitioner's application for a writ of mandamus will be granted; Chuck, 61 Haw. at 558, 606 P.2d at 1324; (4) Petitioner fails to establish that the basis upon which the order of disqualification was granted is clearly insufficient, and she fails to make a convincing showing that she will suffer irreparable and immediate harm as a result of the disqualification order; and (5) thus, Petitioner fails to demonstrate she is entitled to a writ of mandamus. Therefore,