(dissenting).
The preliminary hearing had been concluded when the alternative writ of mandamus was issued. The judge who conducted the hearing and to whom the writ was addressed has recused himself in the case. The grievance of relator no longer exists either as to the proceeding or the judge.
According to the majority opinion, the problem arose because the trial judge misread our decision in Rapid City Journal v. Tice Jr. 283 N.W.2d 563 (S.D.1979). Then, on the apparent assumption that Judge Brandenburg’s successor will do likewise, the opinion deviates from the express purpose of mandamus (see SDCL 21-29-1) and attempts to suggest procedural direction to those unknown who have done and very likely will do nothing that requires mandamus. Furthermore, the suggestions seem to raise additional serious questions. While this is not the maiden voyage of this court into mooted waters, I question the advisability of opining in this setting as to abstract matters which may never re-occur.
In my opinion, we should simply quash the writ. If procedural direction is appropriate, it can, and should, be provided by a rule in the pattern of our sister state of Minnesota that can be more readily changed if modification is indicated.