NO. 28095
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
SIOBHAN RADWAY, Petitioner
vs.
HON.
JEANNE L. O'BRIEN, Respondent
ORIGINAL PROCEEDING
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of prohibition and
mandamus filed by petitioner Siobhan Radway, the papers
in support and the record, it appears that the denial of judicial
disqualification is not reviewable by mandamus or
prohibition under the authorities cited by petitioner inasmuch as the
order denying judicial disqualification is not an order
disqualifying counsel and petitioner is not prohibited from appealing
from the final order entered in the post-judgment
proceeding in FC-P No. 97-092K. The decisions of the respondent judge
denying judicial disqualification, denying
continuance of the July 20, 2006 evidentiary hearing and modifying
custody are reviewable on appeal from the final order
entered in the post-judgment proceeding in FC-P No. 97-092K. Petitioner
will have a remedy by way of appeal from the
final order and a writ of prohibition or mandamus is not intended to
take the place of an appeal. Therefore,
IT IS HEREBY
ORDERED that the petition for a writ of prohibition and mandamus is
denied without prejudice to any
remedy petitioner may have by way of appeal.
DATED: Honolulu,
Hawai`i, August 25, 2006.
Michael S. Zola,
for petitioner