5. Addressing mootness questions

In the pre-shield law case, Wheeler v. Goulart, 593 A.2d 173 (D.C. 1991), motion to vacate denied, 623 A.2d 1177 (D.C. 1993), the Superior Court had denied the motion to quash and held a reporter in civil contempt. On expedited appeal, the D.C. Court of Appeals upheld the compelled disclosure on the ground that the reporter waived her qualified constitutional privilege by disclosing the identity of the source to two individuals not involved in the newsgathering privilege. (Remember, this case arose prior to the passage of the District's shield law.) The parties to the underlying litigation settled during the period in which the reporter could have petitioned for certiorari to the U.S. Supreme Court. Although the reporter's need to testify at trial was obviated, she renewed her motion to vacate the prior opinion of the Court of Appeals. Despite the settlement and the interim passage of the District's shield law, the court denied the motion to vacate, concluding that "under the circumstances [before it], the case had reached practical finality and should not be disturbed." 623 A.2d at 1179. The court emphasized the fact that reporter never moved to stay the issuance of the court's mandate pending application to the Supreme Court. See id. at 1178 (citing D.C. App. R. 41(b)).