NO. 28311
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
ROBERT J. CLARKE, Petitioner,
v.
THE HONORABLE
MARCIA J. WALDORF,
ORIGINAL PROCEEDING
(CR. NO.
06-1-1156)
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon
consideration of petitioner Robert J. Clarke's December 5, 2006
letter to the Hawai`i Supreme Court, which is
deemed a petition for a writ of mandamus, it appears that petitioner
seeks a writ from the supreme court directing the
circuit court to impose certain conditions of hospitalization if
petitioner is ordered hospitalized at the Hawai`i State
Hospital. However, petitioner may request the conditions of
hospitalization from the circuit court if and when the circuit
court orders hospitalization and petitioner is not entitled to mandamus
relief from the supreme court. See Kema v.
Gaddis, 91 Hawai` 200, 204, 982 P.2d 334, 338 (1999)(A writ of
mandamus is an
extraordinary remedy that will not issue unless the petitioner
demonstrates a
clear and indisputable right to relief and a lack of alternative means
to redress
adequately the alleged wrong or obtain the requested action). Therefore,
IT IS HEREBY
ORDERED that the clerk shall file petitioner's letter
and accompanying documents, without payment of
the filing fees and costs, as a petition for writ of mandamus.
IT IS FURTHER
ORDERED that the petition is denied. The denial is
without prejudice to any remedy petitioner has in the
circuit court.
DATED: Honolulu,
Hawai`i, December 15, 2006.
Robert J. Clarke,
pro se, on the petition