ORDERS:
ORDER OF REMAND
This
matter is an appeal by Respondent Robert Mark Opsahl from an Order of the South
Carolina Division of Motor Vehicle Hearings (“DMVH”). Respondent appeals
DMVH’s Order denying a request for a continuance made on behalf of Mr. Opsahl’s
attorney, Stanley L. Myers. Upon consideration of Respondent’s Notice of
Appeal and Petition for Mandamus, the DMVH’s Order is vacated and this matter is
remanded to the DMVH for a new hearing.
Stanley L. Myers is the attorney for Respondent in the above referenced matter. On April
20, 2007, the office of Mr. Myers requested a continuance due to Mr. Myers’
impending deployment to Afghanistan. This request was denied by the DMVH
Hearing Officer.
S.C.
Code Ann § 25-1-2260 (Rev. 2007) provides, in pertinent part:
It is the duty of a
judge of a court of this State to continue a case in the court on or without
motion when a party to it or his leading attorney is absent from court when the
case is reached by reason of his attendance on active duty as a member of the
National Guard or reserves…If counsel is absent, it shall be necessary for his
client to make oath that he cannot safely go to trial without the absent
attorney….
Mr. Myers serves in the South Carolina National Guard and has
been deployed to Afghanistan. Consequently, he will not be able to attend the
scheduled hearings regarding the above referenced matter until he returns.
Moreover, Mr. Opsahl has executed a sworn statement that he cannot safely go to
trial without the services of Mr. Myers.
Based upon the foregoing, I hereby vacate DMVH’s Order
denying Respondent’s request for a continuance in the above referenced matter
and remand this case to the DMVH for a new hearing.
ORDER
IT
IS HEREBY ORDERED that the DMVH’s Order is vacated and this case is
remanded to the DMVH for a new hearing.
IT
IS FURTHER ORDERED that a hearing on this matter shall be continued until
Mr. Myers is able to attend as counsel for Respondent.
AND
IT IS SO ORDERED.
______________________________
John D. McLeod
Administrative
Law Judge
May 21, 2007
Columbia, South Carolina
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