ISLAND PACKET v. KITTRELL

No. 26021.

365 S.C. 332 (2005)

617 S.E.2d 730

The ISLAND PACKET, Petitioner, v. Marvin F. KITTRELL, in his official capacity as Chief Judge, Administrative Law Court, Respondent.

Supreme Court of South Carolina.

Decided August 8, 2005.


Attorney(s) appearing for the Case

Carl F. Muller, of Wyche, Burgess, Freeman & Parham, P.A., of Greenville; Jay Bender, of Baker, Ravenel & Bender, LLP, of Columbia; and John Carroll Moylan, III, of Wyche, Burgess, Freeman & Parham, P.A., of Columbia, for petitioner.

A. Camden Lewis, Keith M. Babcock, and Ariail E. King, of Lewis, Babcock & Hawkins, L.L.P., of Columbia, for respondent.

Clifford O. Koon, Jr., of Moses Koon & Brackett, P.C., of Columbia, for the S.C. Department of Labor, Licensing and Regulation, Board of Medical Examiners.

Robert L. Widener and Celeste T. Jones, of McNair Law Firm, P.A., of Columbia, for Anonymous Physician.

James M. Holly, of Hull, Towill, Norman, Barrett & Salley, P.C., of Aiken, for Amici Curiae The Associated Press, The State-Record Co., Inc., Evening Post Publishing Co., Inc., and the South Carolina Press Association.

William L. Pope, of Pope & Rodgers, of Columbia, for Amici Curiae The Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, Radio-Television News Directors Association, and Society of Professional Journalists.


Justice MOORE:

Petitioner, The Island Packet, commenced this action by filing a petition for original jurisdiction. The petition arose from three decisions by the Administrative Law Court (ALC). Island Packet contends the ALC engaged in closed, interlocutory reviews of the Board of Medical Examiner's (Board's) attempts to regulate a physician who may have a serious substance abuse problem. Island Packet requests we require the ALC to issue a written order explaining...

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