In re: Bergeron

Ct. of Appeals denied petitioner's petition seeking mandamus relief to remove Dist. Ct. judge, who eventually entered order sanctioning petitioner for $1,772.99 in contempt proceeding, where petitioner had failed to remove certain website postings that Dist. Ct. had found to be defamatory in underlying action seeking removal of said postings. While petitioner appropriately sought mandamus relief where petitioner was not party in underlying action, and where petitioner alleged that Dist. Ct.'s impartiality might reasonably be questioned, mandamus relief was ultimately inappropriate where: (1) petitioner failed to seek stay of contempt proceeding; (2) Dist. Ct. had completed contempt proceeding while mandamus proceeding was still pending; and (3) instant appearance of impropriety was too attenuated to justify mandamus relief to require new contempt hearing.