State v. Stucky
Decision Date | 07 November 2013 |
Docket Number | No. 13–0438.,13–0438. |
Citation | 232 W.Va. 299,752 S.E.2d 330 |
Court | West Virginia Supreme Court |
Parties | STATE of West Virginia ex rel. Steven O. DALE, Acting Commissioner, West Virginia Division of Motor Vehicles, Petitioner v. The Honorable James C. STUCKY, In His Official Capacity as Judge of The Thirteenth Judicial Circuit, and Michael Doonan, Respondents |
OPINION TEXT STARTS HERE
Syllabus by the Court
1. Syl. Pt. 2, State ex rel. Peacher v. Sencindiver, 160 W.Va. 314, 233 S.E.2d 425 (1977).
3. Syl. Pt. 4, W.Va. Secondary School Activities Comm'n v. Wagner, 143 W.Va. 508, 102 S.E.2d 901 (1958).
4. Syl. Pt. 3, Blankenship v. Estep, 201 W.Va. 261, 496 S.E.2d 211 (1997).
5. Syl. Pt. 1, Hanson v. Bd. of Educ. of the Cnty. of Mineral, 198 W.Va. 6, 479 S.E.2d 305 (1996).
Patrick Morrisey, Esq., Attorney General, Janet E. James, Esq., Senior Assistant Attorney General, Charleston, WV, for Petitioner.
George J. Cosenza, Esq. Parkersburg, WV, for Respondent, Michael Doonan.
This original proceeding is before the Court upon the petition of Steven O. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles (“the Commissioner”), which seeks to prohibit the Circuit Court of Kanawha County from accepting jurisdiction of Respondent Michael Doonan's administrative appeal of the Commissioner's order revoking his driver's license. The Commissioner argues that Mr. Doonan improperly filed his petition for review of the Commissioner's order in the Circuit Court of Wood County and that, as a result, that court lacked the authority to transfer the matter to the Circuit Court of Kanawha County. Upon consideration of the record in this matter, the briefs and arguments of the parties, and the applicable legal authority, and for the reasons discussed below, we grant the requested writ.
The facts relevant to the issue raised in the Commissioner's petition are not in dispute.1 On January 1, 2010, Mr. Doonan was arrested for driving under the influence of alcohol (“DUI”) in Parkersburg, Wood County, West Virginia. At the time of his arrest, Mr. Doonan was a resident of Wood County. Following an administrative hearing, the Commissioner issued a final order affirming the revocation of Mr. Doonan's driver's license for second offense DUI,2 effective December 19, 2012. Counsel for Mr. Doonan received a copy of the final order on December 11, 2012.
On January 10, 2013, Mr. Doonan filed a Petition for Review of the revocation order in the Circuit Court of Wood County pursuant to West Virginia Code § 29A–5–4 (1998).3 At a hearing conducted on January 22, 2013, Mr. Doonan's counsel advised the circuit court that his client had moved to the State of Florida and was no longer a resident of Wood County.4 He then requested that the matter be transferred to the Circuit Court of Kanawha County given the statutory requirement that a petition for review must be filed either in the Circuit Court of Kanawha County or in the circuit court of the county in which the petitioner resides or does business. W.Va.Code § 29A–5–4(b). The Commissioner objected to the transfer on the ground that the Circuit Court of Wood County did not have jurisdiction of the administrative appeal and, therefore, lacked the authority to transfer the matter to the Circuit Court of Kanawha County. The Commissioner argued that the matter should be dismissed and then re-filed in Kanawha County. Mr. Doonan countered that the time to file an appeal had expired and that transfer was appropriate. By order entered January 25, 2013, the Circuit Court of Wood County granted Mr. Doonan's request and ordered that the case be transferred to the Circuit Court of Kanawha County.
Thereafter, on February 6, 2013, the Commissioner filed a Notice of Special Limited Appearance and Motion to Dismiss in the Circuit Court of Kanawha County. By order entered April 22, 2013, the Circuit Court of Kanawha County, by the Honorable James C. Stucky, a respondent herein, denied the Commissioner's motion to dismiss and, in a separate order, also granted Mr. Doonan's motion to stay the Commissioner's order revoking his driver's license for a period of 150 days. On May 1, 2013, the Commissioner filed the instant petition for a writ of prohibition seeking to prohibit the Circuit Court of Kanawha County from accepting jurisdiction of Mr. Doonan's administrative appeal. Mr. Doonan filed a response thereto on May 23, 2013, and, on June 4, 2013, this Court issued a rule to show cause.
The current matter concerns whether the Circuit Court of Kanawha County exceeded its legitimate powers by accepting the transfer of Mr. Doonan's administrative appeal from the Circuit Court of Wood County. We previously have held that Syl. Pt. 2, State ex rel. Peacher v. Sencindiver, 160 W.Va. 314, 233 S.E.2d 425 (1977). More specifically, this Court has held:
Syl. Pt. 4, State ex rel. Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996).
Syl. Pt. 1, State ex rel. Comm'r W. Va. Div. of Motor Vehicles v. Swope, 230 W.Va. 750, 742 S.E.2d 438, 439 (2013). In light of these established guidelines, we proceed to address the issues raised in this petition for a writ of prohibition.
Judicial review of a final order of the Commissioner revoking a driver's license for DUI is governed by West Virginia's Administrative Procedures Act, §§ 29A–1–1 to 29A7–4. See Swope, 230 W.Va. at 754, 742 S.E.2d at 442; Miller v. Moredock, 229 W.Va. 66, 69, 726 S.E.2d 34, 37 (2011); Muscatell v. Cline, 196 W.Va. 588, 594, 474 S.E.2d 518, 524 (1996); Dean v. W.Va. Dept. of Motor Vehicles, 195 W.Va. 70, 71, 464 S.E.2d 589, 590 (1995); see alsoW.Va.Code § 17C–5A–2(s) (2013) (); 91 C.S.R. § 1–3.12.3 (...
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