Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

23-SEP-2020

01:45 PM

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

IN THE MATTER OF ALEX RODRIGUEZ AND

OTHER INDIVIDUALS SIMILARLY SITUATED IN THE

CUSTODY OF THE STATE OF HAWAI#I, Petitioners.

ORIGINAL PROCEEDING ORDER DENYING “PETITION FOR EXTRAORDINARY WRIT PURSUANT TO HRS §§ 602-4, 602-5(5), and 602-5(6) AND/OR FOR WRIT OF MANDAMUS”

(By: Recktenwald, C.J., Nakayama, and McKenna, JJ.,

and Intermediate Court of Appeals Chief Judge Ginoza, assigned by reason of vacancy, with Wilson, J., dissenting1)

Upon consideration of petitioners’ “Petition for Extraordinary Writ Pursuant to HRS §§ 602-4, 602-5(5), and 602- 5(6) and/or for Writ of Mandamus,” filed on September 10, 2020, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioners fail to demonstrate that they are entitled to the requested extraordinary relief from this court. See Kema v. Gaddis, 91 Hawai#i 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). Accordingly,

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A dissent by Wilson, J., is forthcoming.

IT IS HEREBY ORDERED that the “Petition for Extraordinary Writ Pursuant to HRS §§ 602-4, 602-5(5), and 602- 5(6) and/or for Writ of Mandamus” is denied.

DATED: Honolulu, Hawai#i, September 23, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Lisa M. Ginoza

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