NO. 28160
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
DAVID G. BYLSMA, Plaintiff Pro Se,
vs.
HAWAII
STATE JUDICIARY, Defendants.
ORIGINAL PROCEEDING
ORDER
(By:
Levinson, Acting C.J., Nakayama, Acoba and Duffy, JJ.
and Intermediate Court
of Appeals Judge Nakamura,
in place of Moon, C.J., recused)
Upon consideration of the petition for a writ of mandamus filed by
petitioner David Bylsma and the papers in support, it
appears that the duties imposed upon the Commission on Judicial Conduct
by RSCSH Rule 8.6 are duties owed to the
supreme court, not to petitioner, and the duties involve judgment and
discretion and are more than ministerial. Cf. In Re
Disciplinary Bd. of Hawaii Supreme Court, 91 Hawai`i 363, 371,
984 P.2d 688, 696 (1999). Therefore, mandamus relief
against the Commission on Judicial Conduct is not available to
petitioner. Id.
(Mandamus relief is available to compel an
official to perform a duty allegedly owed to an individual only if the
individual's claim is clear and certain, the official's
duty is ministerial and so plainly prescribed as to be free from doubt,
and no other remedy is available.). Therefore,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai`i, October 4, 2006.