County commissioner filed petition for writ of mandamus against members of the county ethics board, seeking a court order requiring them to hold a hearing on his ethics complaint against them and to recuse themselves from all future ethics complaints against him.
The Superior Court denied the petition. Commissioner appealed.
The Court of Appeals held that:
- Trial court could not adjudicate commissioner’s claim that ethics board members violated the county code of ethics absent commissioner properly presenting the code, and
- Commissioner had no clear legal right to a writ of mandamus ordering ethics board members to recuse themselves from all future ethics complaints against him since the alleged wrongful conduct had not yet occurred and might never occur.