Scott Hess v. SCCJA ( 2023 )

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Unpublished Opinion No. 2023-UP-395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.