State Ex Rel. Steiger v. Eich
272 N.W.2d 380
Wis.
1978
Check Treatment
PER CURIAM.

This is an original action for a writ of prohibition against the cirсuit court for Dane county to prevent the court from compelling William A. Steiger, member of the United States House оf Representatives representing the Sixth Congressional District of Wisconsin, to reveal the names of certain persons who gave the Congressman information concerning viоlation of the voting laws in Dane county during the 1976 presidential еlection. In his memorandum in support of his petition, Congressman Steiger urged that the speech or debate clausе of the United States Constitution, Art. I, sec. 6, 1 provides members of Congress immunity from such inquiry.

Congressman Steiger died on December 4, 1978. A decision on the merits of this dispute can hаve no practical legal effect ‍​‌​‌​​‌‌​‌​‌​‌​‌​‌​‌‌​​‌​​‌​​​​​​‌‌​‌‌‌‌‌‌​​​​‌​‍upon any existing controversy. The case is therefore moot, and gеnerally this court will not determine a moot issue. Schwarzbauer v. Menasha, 33 Wis.2d 61, 63-64, 146 N.W.2d 402 (1966); Fort Howard Paper Co. v. Fort Howard Corp., 273 Wis. 356, 360, 77 N.W.2d 733 (1956).

This court has, on occasion, decided an issue even though the mattеr has become moot as to the particular *392 parties involved. Mueller v. Jensen, 63 Wis.2d 362, 366-67, 217 N.W.2d 277 (1974). However, we have cautioned that this “court’s “consideratiоn of constitutional ‍​‌​‌​​‌‌​‌​‌​‌​‌​‌​‌‌​​‌​​‌​​​​​​‌‌​‌‌‌‌‌‌​​​​‌​‍issues as they apply to other persons or other situations is guarded and limited.” State ex rel. Ellenburg v. Gagnon, 76 Wis.2d 532, 535, 251 N.W.2d 773 (1977).

Although this case raisеs an interesting and difficult federal constitutional question, onе involving state-federal relations and the powers of the legislature and judiciary, we decline to reach that question.

The speech or debate clause is rarely rаised as a defense in litigation. The United States Supreme Court has decided only a relatively limited number of cases concerning that clause. This is the first time the applicability оf the clause has been at issue before this court. An interpretation of the federal ‍​‌​‌​​‌‌​‌​‌​‌​‌​‌​‌‌​​‌​​‌​​​​​​‌‌​‌‌‌‌‌‌​​​​‌​‍speech or debate clause by this court would not be a definitive interpretation and would provide little guidance to federal legislators or members of the general public in their dealings with members of Congress. Moreover the language of the speech or debate clause of the Wisconsin Constitution 2 differs from thаt of the federal clause. A construction of the fedеral clause by this court would have no clear implication as to the meaning of the state clause. See generally, Carlyle v. Earns, 9 Wis.2d 394, 397, 101 N.W.2d 92 (1960).

For thesе reasons it is inappropriate for this court to reаch ‍​‌​‌​​‌‌​‌​‌​‌​‌​‌​‌‌​​‌​​‌​​​​​​‌‌​‌‌‌‌‌‌​​​​‌​‍the constitutional issue presented by the instant casе.

We dismiss the original action for a writ of prohibition. We remоve the stay upon the order of March 22, 1978, and vacatе that order.

Notes

1

Art. I, sec. 6, U. S. Const.:

“The Senators and Representatives . . . shall in аll cases, except Treason, Felony and Breach of the Peace, be privileged from ‍​‌​‌​​‌‌​‌​‌​‌​‌​‌​‌‌​​‌​​‌​​​​​​‌‌​‌‌‌‌‌‌​​​​‌​‍Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any othеr Place.” (Emphasis added.)
2

Art. IV, sec. 16, Wis. Const.:

“No member of the legislature shall be liable in any civil action, or criminal prosecution whatever, for words spoken in debate.”