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City of Rock Hill v. Thompson3/11/2002
IN THE ORIGINAL JURISDICTION
Heard November 27, 2001
DENIED
Petitioner City of Rock Hill (City) petitions the Court to issue a writ of mandamus "requiring the Honorable Jane Pittman Modla, Judge of the City of Rock Hill Municipal Court, and all lower courts in which the issue may arise, to apply 1998 Acts 434 as corrected by the Code Commissioner and presently enrolled with the Secretary of State, as the law of the State of South Carolina." The writ is denied.
BACKGROUND
On October 21, 2000, Respondent Michael Dean Thompson (Thompson) was arrested by City's Police Department for driving under the influence in violation of South Carolina Code Ann. § 56-5-2930 (Supp. 1999). At a pre-trial hearing, City moved Municipal Court Judge Jane Pittman Modla (Judge) to determine the admissibility of Thompson's breathalyzer test results. City claimed the simulator test prior to Thompson's breathalyzer was properly performed in accordance with the amended version of 1998 S.C. Acts 434 (the Act). This version required the simulator test to be performed with an alcohol concentration of.10 percent. Thompson, however, argued the simulator test should have been performed in conformity with the original version of the Act. This version required the simulator test to be performed with an alcohol concentration of.08 percent.
City presented witnesses who offered testimony about the original and amended versions of the Act. After presentation of City's witnesses, City joined Thompson's motion for a continuance to allow Thompson the opportunity to obtain witnesses and other evidence. City and Thompson agreed to coordinate their schedules and attempt to resume the hearing in two weeks. Before the hearing reconvened, the Attorney General filed this petition on behalf of City.
ISSUE
Has City established the elements for issuance of a writ of mandamus?
ANALYSIS
Mandamus is the highest judicial writ and is issued only when there is a specific right to be enforced, a positive duty to be performed, and no other specific remedy. Littlefield v. Williams, 343 S.C. 212, 540 S.E.2d 81 (2000); Willimon v. Greenville, 243 S.C. 82, 132 S.E.2d 169 (1963). A writ of mandamus is a coercive writ that orders a public official to perform a ministerial duty. Plum Creek Dev. Co. v. City of Conway, 334 S.C. 30, 512 S.E.2d 106 (1999). Mandamus will issue only to compel a public official to perform a mandatory legal duty. Redmond v. Lexington County School Dist. No. Four, 314 S.C. 431, 445 S.E.2d 441 (1994). The primary purpose of a writ of mandamus is to enforce an established right and a corresponding imperative duty created or imposed by law. Littlefield, supra. When the legal right is doubtful, or the performance of duty rests in discretion, or when there is another adequate remedy, a writ of mandamus cannot rightfully be issued. In the Interest of Lyde, 284 S.C. 419, 327 S.E.2d 70 (1985).
As noted in its Petition for a Writ of Certiorari and in its Conclusion to its Brief, City seeks a writ of mandamus "requiring the Honorable Jane Pittman Modla, Judge of the City of Rock Hill Municipal Court, and all lower courts in which the issue may arise, to apply 1998 Acts 434 as corrected by the Code Commissioner and presently enrolled with the Secretary of State, as the law of the State of South Carolina." City has failed to establish the elements necessary for issuance of the writ.
First, City failed to establish Judge has a ministerial duty to rule the amended version of the Act is the correct law of this State. In at least one other instance, this Court has recognized that mandamus may lie to compel a
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