NO. 30170
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
RICHARD
BLAISDELL, Petitioner,
vs.
DEPARTMENT OF
PUBLIC SAFETY, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(SPP NO.
08-1-0041)
ORDER
(By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Richard Blaisdell and the papers in support, it
appears that petitioner fails to demonstrate a clear and indisputable
right to relief. Therefore, petitioner is not entitled to
mandamus relief. See
HRS § 602-5(3) (Supp. 2008) (The supreme court has jurisdiction
and power to issue writs of
mandamus directed to public officers to compel them to fulfill the
duties of their offices.); In
Re Disciplinary
Bd. Of Hawai‘i Supreme Court, 91 Hawai‘i 363, 368, 984 P.2d 688,
693 (1999)
(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.).
It further appears that issuance of a declaratory judgment is not
within the original jurisdiction of the supreme court. See HRS §§ 602-5
(Supp. 2008) and 632-1 (1993). Accordingly,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, December 14, 2009.