Electronically Filed Supreme Court SCPW-11-0000109 10-MAR-2011 12:38 PM

NO. SCPW-11-0000109

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

MICHAEL C. TIERNEY, Petitioner,

vs.

WALTER RODBY, Respondent.

ORIGINAL PROCEEDING (Nos. 29993 and SCWC-29993)

ORDER (By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)

Upon consideration of petitioner Michael C. Tierney’s

petition for a writ of mandamus and the papers in support, it

appears that mandamus does not lie against petitioner’s court-

appointed counsel. See HRS § 602-5(3) (2010) (“The supreme court

shall have jurisdiction and power . . . [t]o exercise original

jurisdiction in all questions arising under writs directed to

courts of inferior jurisdiction and returnable before the supreme

court, or if the supreme court consents to receive the case

arising under writs of mandamus directed to public officers to

compel them to fulfill the duties of their offices[.]”

Therefore, IT IS HEREBY ORDERED that the petition for a writ of

mandamus is dismissed.

DATED: Honolulu, Hawai'i, March 10, 2011.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna