January 19, 2011
|
F. Richard Gallo, Jr. |
Noah Cashman Assistant Attorney General |
Re: In
the Matter of the Risk Level Determination of
OAH Docket No. 11-1100-21760-2
Dear Counsel:
In accordance with my email message of
January 18, 2011, this letter will confirm that Mr. Gallo's request to withdraw
as counsel for Mr. Lampley is granted. The hearing will remain scheduled
for this Friday, January 21. If Mr. Lampley appears on
Friday, I will entertain a request for continuance of the hearing from
either Mr. Lampley or Mr. Cashman to ensure they have adequate time to
prepare for the hearing. (Such an approach will ensure that Mr. Cashman
does not have to prepare for the hearing until it is known whether or not Mr.
Lampley intends to pursue the appeal, and will also ensure that Mr. Lampley
will have an opportunity to seek counsel before the hearing if he
wishes.) Should Mr. Lampley not appear at the hearing, Mr. Cashman may
request dismissal of the matter.
If similar difficulties are present in other
cases in the future, Mr. Gallo should feel free to request a
telephone prehearing conference or a continuance of the hearing. Of course, he may also follow the approach
taken in this case and seek to withdraw from representation.
If Mr. Gallo has obtained any address or
contact information for Mr. Lampley, he should forward this letter to him.
Sincerely,
s/Barbara L. Neilson
BARBARA L. NEILSON
Administrative Law Judge
Tel. No.: 651-361-7845