Rozembersly v. Hawaii Bar Commission

Hawaii Supreme Court

Rozembersly v. Hawaii Bar Commission

Opinion

Electronically Filed

Supreme Court

SCPW-17-0000005

26-JAN-2017

02:17 PM

SCPW-17-0000005

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

STEFAN ROZEMBERSKY, Petitioner,

vs.

HAWAI'I BAR COMMISSION, Respondent.

ORIGINAL PROCEEDING

(SCBA-16-0000190)

ORDER (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of Petitioner Stefan Rozembersky’s Petition for Writ of Mandamus,1 Statement of Facts, Statement of Issues and Relief Sought, and Statement of Reasons for Issuing the Writ filed on January 4, 2017:

(1) Petitioner petitions the court to:

(a) amend certain supreme rules related to

examination and admission to the State bar;

(b) allow attorneys, who are admitted and in good

standing in another state, take the Hawai'i bar

examination, regardless of law school

accreditation;

(c) allow for “waiver by motion” which would

1

Petitioner did not pay the required filing fee for this petition for a writ of mandamus. See Rule 45(e)(1) and Appendix B of the Hawai'i Rules of Appellate Procedure.

allow applicant attorneys admission to the Hawai'i

bar without examination; and

(d) award Petitioner costs and reasonable attorneys’

fees associated with bringing this matter before the

court.

(2) A writ of mandamus is an extraordinary remedy that will not issue unless the Petitioner demonstrates a clear and indisputable right to relief. Straub Clinic & Hospital v. Kochi, 81 Hawai'i 410, 414, 917 P.2d 1284, 1288 (1996).

(3) Petitioner fails to demonstrate that he has a clear and indisputable right to the relief requested. Therefore,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.

' January 26, 2017.

DATED: Honolulu, Hawaii,

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

2

Reference

Status
Published