Sonoda v Trial Division of the High Court, Mariana Islands District [1975] TTLawRp 10; 7 TTR 236 (11 June 1975)

7 TTR 236

JESUS A. SONODA, Petitioner

v.

TRIAL DIVISION OF THE HIGH COURT, Mariana Islands DISTRICT, Respondent

and

ROBERT HEFNER, Real Party in Interest

Civil Appeal No. 128

Appellate Division of the High Court

Mariana Islands District

June 11, 1975

Petition for writ of prohibition. The Appellate Division of the High Court, Duenas, Appellate Division Temporary Judge, held that the petition would be dismissed on respondent's motion where the act in question had already been done.

1. Courts—Power To Issue Writs

The Appellate Division of the High Court has the power to issue a writ of prohibition.

2. Prohibition—Generally

Prohibition is to be used with great caution and forbearance, for the furtherance of justice and to secure order and regularity in judicial proceedings, and should be issued only in cases of extreme necessity.

3. Prohibition—Prerequisites for Writ

As a rule, a writ of prohibition will not issue where the act in question has already been done; thus, it will not lie to restrain an inferior court after the judgment has been given and fully executed, unless it appears on the face of the proceedings that the court has no jurisdiction.

4. Prohibition—Generally

The purpose of a writ of prohibition is to restrain or prevent; it is not to be used for the purpose of reviewing and correcting errors and irregularities of a lower court.

5. Prohibition—Particular Cases

Where judge which petition for writ of prohibition sought to keep from sitting in a particular case had already heard the case and dismissed the complaint, and could not be prohibited from proceeding, since there was nothing more for him to do in the case, and petitioner was not challenging the jurisdiction of the lower court, but rather, the alleged bias of the judge, the writ would be denied.

6. Prohibition—Prerequisites for Writ

A writ of prohibition will not issue where there exists a plain, speedy and adequate remedy in the ordinary course of the law, such as an appeal.

DUENAS, Temporary Judge

On November 25, 1974, petitioner filed a complaint for Writ of Prohibition in the Appellate Division of the High Court requesting that this court issue a writ of prohibition declaring the appointment of Judge Robert Hefner in Civil Case No. 74-103 null and void and restraining the Honorable Robert Hefner and the Trial Division of the High Court, Mariana Islands District, from proceeding further in Civil Case No. 74-103, which had been filed by petitioner on November 11, 1974.