This matter is pending before the Administrative Law Court. On December 2, 2004,
Motion for Remand was filed by the Department based upon the grounds that in the appeal of
Frederick Green, he challenges his conviction of a prison disciplinary infraction that resulted in
the loss of twenty days of good time. After a review of the disciplinary transcript, it appears that
Green was not afforded the assistance of a counsel substitute when he requested one. Although
the Department asserts that Green has no due process right to a counsel substitute in these
circumstances, the Department respectfully requests that this case be remanded to the
Department so that it may rehear Green’s disciplinary charge with the benefit of counsel
substitute. Therefore,
IT IS HEREBY ORDERED that the Department’s Motion for Remand be granted.
AND IT IS SO ORDERED.
______________________________
RAY N. STEVENS
Administrative Law Judge
This day of December, 2004
Columbia, South Carolina
