Rozembersly v. Hawaii Bar Commission

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