State ex rel. Peterson v. Ebke

In this action challenging an investigatory subpoena issued during the 105th Nebraska Legislature the Supreme Court dismissed this appeal as moot, holding that the subpoena expired at the commencement of the 106th Nebraska Legislature, and therefore, this Court could not grant the relief sought.The subpoena in question was issued during the 105 Legislature by the Judiciary Committee of the Nebraska Legislature with the approval of the Executive Committee of the 105th Legislature and commanded the attendance of the director of the Department of Correctional Services to testify at a committee hearing. Before the hearing, the State and the director of the Department (collectively, the Department) sued the senators who were on the Judiciary Committee and the Executive Board of the Legislative Council when the subpoena was issued and the Clerk of the Legislature who signed the subpoena, alleging that the subpoena was not in the discharge of any legal duty. The district court granted the Department's motion to quash the subpoena. The Senators appealed. The Supreme Court dismissed the appeal as moot, holding that because the subpoena was issued by a committee of the Legislature which not longer exists, there is no longer a case and controversy as required for the exercise of the Court's judicial power. View "State ex rel. Peterson v. Ebke" on Justia Law