Opinion
No. 87-566
Opinion Filed December 18, 1987
Appeal and Error — Extraordinary Relief — Ripeness
Request for extraordinary relief to bar testimony before Judicial Conduct Board was premature, because hearing had not yet been convened nor had Board been provided opportunity to rule on issues presented by present petition.
Petition for extraordinary relief by petitioner in nature of mandamus and/or prohibition against Attorney General from testifying before Judicial Conduct Board. Original Jurisdiction. Petition dismissed.
Leonard F. Wing, Jr., of Ryan Smith Carbine, Ltd., Rutland, for Petitioner.
William Donahue, White River Junction, and Douglas Richards, Springfield, for Respondent.
Present: Dooley and Mahady, JJ., and Barney, C.J. (Ret.), Keyser, J. (Ret.) and Springer, D.J. (Ret.), Specially Assigned
The petitioner, Jane L. Wheel, brought this petition for extraordinary relief under V.R.A.P. 21. She requests relief in the nature of mandamus and/or prohibition against the Attorney General Jeffrey Amestoy and Assistant Attorney General David Suntag from testifying before the Judicial Conduct Board as to their recollection of certain testimony given at an inquest proceeding.
The essence of this petition is testimony which may or may not be given in a proceeding before the Judicial Conduct Board. That hearing has not yet been convened nor has the Judicial Conduct Board been provided an opportunity to rule on the issues presented by the present petition.
Therefore, the matter is not ripe nor is it appropriate for extraordinary relief for the reasons set forth in our opinion in In re Hill, 149 Vt. 86, 539 A.2d 992 (1987).
Accordingly, the petition must be dismissed.
Petition dismissed.