Scott Hess v. SCCJA

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

Scott Hess, Appellant,

v.

South Carolina Criminal Justice Academy, Respondent.

Appellate Case No. 2021-001353

Appeal From The Administrative Law Court Harold W. Funderburk, Jr., Administrative Law Judge

Unpublished Opinion No. 2023-UP-395 Heard September 13, 2023 – Filed December 13, 2023

REVERSED AND REMANDED

Ryan Kyle Hicks, of Cromer Babb Porter & Hicks, LLC, of Columbia, for Appellant.

Bradley Joseph Young and James M. Fennell, both of S.C. Criminal Justice Academy, of Columbia, for Respondent.

PER CURIAM: Scott Hess appeals an order issued by the Administrative Law Court (ALC) dismissing his petition for judicial review of a final decision of the Law Enforcement Training Counsel (LETC) of the South Carolina Criminal Justice Academy (SCCJA) which stated it based its dismissal on Hess's failure to

file and serve a brief within the time allotted by the South Carolina ALC Rules. We reverse and remand in accordance with the following authorities: Hillig v. Comm'r of Internal Revenue, 916 F.2d 171, 174 (4th Cir. 1990) ("A dismissal sanction is usually inappropriate when it unjustly penalizes a blameless client for the attorney's behavior."); See generally Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (S.C. Sup. Ct. Order dated April 3, 2020).

REVERSED AND REMANDED.

MCDONALD and VINSON, JJ., and LOCKEMY, A.J., concur.