Application of Ferguson

OPINION OF THE COURT BY

KLEIN, J.

This appeal stems from an order issued by the Circuit Court of the Second Circuit dismissing with prejudice appellant’s petition for quo warranto. The petition had challenged per diem judge Douglas Ige to show by what authority he held his appointed office.

I. FACTS

David Ferguson (appellant) filed a petition for quo warranto alleging that per diem judge Douglas Ige’s (appellee) private law practice contravened article VI, section 3 of the Hawaii Constitution. Appellant recognized that Hawaii Revised Statutes (HRS) § 604 — 2 (1985) 1 specifically allows per diem…