Farmer v. Administrative Director of the Court

11 P.3d 457, 94 Haw. 232, 2000 WL 1558728
CourtHawaii Supreme Court
DecidedOctober 18, 2000
Docket22849
StatusPublished
Cited by37 cases

This text of 11 P.3d 457 (Farmer v. Administrative Director of the Court) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farmer v. Administrative Director of the Court, 11 P.3d 457, 94 Haw. 232, 2000 WL 1558728 (haw 2000).

Opinion

Opinion of the Court by

MOON, C.J.

Arrestee 1 petitioner-appellant Robert D. Farmer appeals from the judgment and order of the district court affirming the revocation of his driver’s license by the Administrative Driver’s License Revocation Office (ADLRO) pursuant to the License Revocation Act, HRS ch. 286, part XIV (1993 & Supp.1999). In accordance with HRS § 286-261 (1993 & Supp.1999), 2 ADLRO sustained the automatic administrative revocation of Farmer’s driver’s license for life. The lifetime revocation was predicated upon three prior convictions for driving under the influence of alcohol (DUI) within the past ten years. Farmer filed a petition for judicial review in the district court, and, on August 18, 1999, the district court affirmed the administrative revocation. On appeal, Farmer argues that the district court erred in affirming the lifetime revocation of his license because (1) ADLRO had abused its discretion by denying Farmer’s motion for continuance where Farmer presented evidence that a motion to set aside his guilty plea challenging the validity of one of his prior DUI convic *235 tions was pending in the district court and (2) he had submitted evidence that one of his prior convictions was set aside subsequent to ADLRO’s decision, and, thus, the evidence no longer supported his lifetime revocation.

For the reasons set forth below, we vacate the judgment affirming Farmer’s lifetime revocation and remand this ease to the district court.

I. BACKGROUND

Following Farmer’s April 16, 1999 arrest for DUI, in violation of HRS § 291-4 (1993 & Supp.1999), 3 the administrative director of the courts (the Director) automatically revoked Farmer’s license for life pursuant to HRS § 286-261(b)(4). Farmer requested an administrative hearing to review the automatic revocation. On May 26,1999, less than two hours before the administrative hearing took place, Farmer filed a motion in the district court to set aside a 1989 DUI conviction on the grounds that the conviction was based on an unconstitutionally accepted guilty plea. At the ADLRO hearing, Farmer requested a continuance of the proceedings until the district court ruled on Farmer’s motion to set aside his 1989 conviction. Farmer argued that the continuance should be granted because: (1) if Farmer succeeded in setting aside his 1989 conviction, he would be subject to a shorter period of revocation; (2) Farmer would be unable to drive beyond the current term of his temporary license, regardless of when the district court issued a ruling, insofar as a continuance would not extend Farmer’s temporary driving permit; and (3) the State would suffer no prejudice by awaiting a ruling on the pending motion. ADLRO denied the continuance.

On June 1, 1999, ADLRO entered its decision sustaining Farmer’s lifetime revocation, which included the following finding of fact:

7. The Arrestee’s prior driving record in the State of Hawai'i shows three prior alcohol enforcement contacts, as defined by HRS § 286-251 [ (1993 & Supp.1999) 4 ], from the State of Hawai'i traffic violator database, TRAVIS, in the ten years preceding the date of this arrest, April 16, 1999. The three contacts are HRS § 291-4 DUI driver’s license suspensions.

In a footnote, ADLRO suggested that Farmer’s revocation period could be adjusted if one of his convictions was set aside:

Counsel believes that the first prior alcohol enforcement contact of 07-28-1989 will be set aside by the District Court. If that happens then the Arrestee will have two prior alcohol enforcement contacts within seven years of the date of the current arrest and the appropriate period of revocation would be two years. The instant period of revocation is based on the record (with three prior alcohol enforcement contacts) as it stands at the Hearing, see Van Gundy v. ADC, JR 98-0050, decided 10-19-1998, amended 11-23-1998. 5

(Emphasis added.)

On June 15, 1999, Farmer’s motion to set aside his 1989 guilty plea was granted, and, *236 on that same day, Farmer filed a petition for judicial review of the ADLRO decision in the district court. ADLRO received notice of the district court’s order setting aside the guilty plea from Farmer’s counsel on June 17, 1999, but refused to amend the lifetime revocation, citing strict compliance with HRS § 286-261 because Farmer’s DUI record contained three prior DUI convictions at the time of the revocation. ADLRO also claimed divesture of jurisdiction following Farmer’s appeal.

On appeal to the district court, Fanner argued that (1) ADLRO abused its discretion in denying his request for a continuance because (a) the request was baséd on “good cause” and (b) the denial of a continuance deprived Farmer of due process; and (2) the lifetime revocation order must be reversed or amended because one of Farmer’s prior convictions was set aside. 6 The district court affirmed ADLRO’s revocation order on August 18,1999. Farmer timely appealed.

II. STANDARDS OF REVIEW

Judicial review of a decision of the Director regarding the revocation of a driver’s license is governed by HRS § 286-260, and is limited to the record of the administrative hearing and the questions whether the Director exceeded constitutional or statutory authority, erroneously interpreted the law, acted in an arbitrary or capricious. manner, committed an abuse of discretion, or made a determination that was unsupported by the evidence in the record. Kenan v. Tanaka, 75 Haw. 1, 20, 856 P.2d 1207, 1217 (1993), cert. denied, 510 U.S. 1119, 114 S.Ct. 1070, 127 L.Ed.2d 389 (1994).

“Review of a decision made by [a] court upon its review of an [administrative] decision is a secondary appeal. The standard of review is one in which this court must determine whether the court [under review] was right or wrong in its deeision[.]” University of Hawai'i Professional Assembly v. Tomasu,

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Bluebook (online)
11 P.3d 457, 94 Haw. 232, 2000 WL 1558728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-administrative-director-of-the-court-haw-2000.