The Hawaii Supreme Court denied a petition for a writ of mandamus filed by Dexter J. Smith against the Circuit Court of the First Circuit on October 5, 2026. This decision affects Smith's ongoing legal matters and highlights the court's stance on procedural issues in appeals.
The court's ruling comes as Smith sought to compel the circuit court clerk to file a motion. However, the court found that the motion had already been filed on June 2, 2026, making Smith's request moot. The court also noted that concerns regarding the timeliness of a notice of appeal and requests to enter the appellate mediation program should be addressed through the standard appeals process.
Background
Dexter J. Smith is the petitioner in this case, seeking a legal remedy from the Hawaii Supreme Court. The respondent is the Circuit Court of the First Circuit, which is part of the state judicial system in Hawaii. Additionally, the City and County of Honolulu is named as a respondent in the case.
The dispute arose when Smith filed a petition for a writ of mandamus and prohibition on March 10, 2026. He aimed to compel the circuit court clerk to file a specific motion that he believed was necessary for his case. However, the timeline of events revealed that the motion in question had already been filed months later, leading to the court's decision.
This case reached the Hawaii Supreme Court after Smith felt that his concerns regarding procedural issues were not adequately addressed by the lower court. The Supreme Court's involvement indicates the significance of the procedural matters at hand, particularly regarding the appeal process.
The Ruling
The Hawaii Supreme Court ruled to deny Smith's petition for a writ of mandamus. The court stated, "Petitioner’s request for a writ that requires the clerk to file a motion is moot because the motion was filed in the circuit court on June 2, 2026." This statement highlights the court's finding that the basis for Smith's petition was no longer relevant.
Furthermore, the court noted that Smith's concerns about the timeliness of his notice of appeal and requests for entering the appellate mediation program were more appropriately addressed through the appeal process itself. The opinion emphasized that an extraordinary writ, such as the one Smith sought, was unwarranted in this situation.
The ruling was delivered by Acting Chief Justice Sabrina S. McKenna, along with Justices Todd W. Eddins and Lisa M. Ginoza. Circuit Judge Peter T. Cahill participated in the ruling due to the recusal of Chief Justice Mark E. Devens. Circuit Judge Peter K. Kubota was also assigned to the case because of a vacancy.
Impact
This ruling has implications for Smith and potentially others in similar situations. By denying the petition, the Hawaii Supreme Court reinforced the importance of following proper procedural channels in legal matters. It serves as a reminder that parties must ensure their motions and appeals are timely and correctly filed to avoid complications.
The decision also clarifies that concerns about procedural matters, such as the timing of appeals, should be resolved through the appeals process rather than through extraordinary writs. This could influence how future cases are approached in the Hawaii court system, potentially discouraging parties from seeking writs in situations where standard appellate procedures are more appropriate.
What's Next
Details were not available in the court filing regarding whether Smith plans to appeal this decision further. However, since the ruling pertains to procedural issues, it is likely that he will need to navigate the standard appeals process to address his concerns.










