NO. 28383




IN THE SUPREME COURT OF THE STATE OF HAWAI‘I




GLENN KIYOHIKO MIZUKAMI, Petitioner/Defendant-Appellant,

vs.

DONNA EDWARDS MIZUKAMI, nka DONNA EDWARDS,
Respondent/Plaintiff-Appellee.



APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D NO. 90-4214)



ORDER DENYING MOTION FOR CLARIFICATION
(By: Moon, C.J., for the court (1))

Upon consideration of petitioner/defendant-appellant Glenn Kiyohiko Mizukami's motion for clarification, filed on August 24, 2009,

IT IS HEREBY ORDERED that the motion for clarification is denied. (2)

DATED: Honolulu, Hawai‘i, September 9, 2009.




1.      Considered by: Moon, C.J., Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Hifo, in place of Recktenwald, J., recused.

2.     It may be noted that (1) Associate Justice Mark E. Recktenwald was on the intermediate court of appeals' merit panel that decided petitioner's case; (2) Associate Justice Paula A. Nakayama served temporarily as acting chief justice on August 17, 2009 due to the absence of the Chief Justice; see Hawai‘i Constitution, article VI, section 2; HRS § 602-3 (1993); and (3) Circuit Judge Eden E. Hifo was assigned as substitute justice by random draw from the available pool of all circuit judges; see Hawai‘i Constitution, article VI, section 2; HRS § 602-10 (Supp. 2008). See Hawai‘i Revised Code of Judicial Conduct Rule 2.1(a) ("Subject to the rule of necessity, a judge shall disqualify or recuse himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned[.]"); see also HRS § 601-7(a)(2) (Supp. 2008) (stating, in pertinent part, that "[n]o person shall sit as a judge in any case in which[ ] . . . an appeal [is] from any decision or judgment rendered by the judge").