Can you do anything about poor placings?

Katherine Jarve

You’ve spent hours preparing.  You practiced every night after school or work.  You feel confident and focused.  You enter the pen and your horse gives you a ride of a lifetime.  You eagerly wait for the results only to find out that the judges placed you at the bottom of the pack.  You feel totally robbed and defeated.  How could the judges have gotten it so wrong?  Wasn’t it obvious that you should have won or at least placed in the top three?  How did THAT horse win?

This scenario has surely happened to all exhibitors at some point in their show career and by the end of the weekend, most exhibitors have simply chalked it up to a “blind” judge who wouldn’t know a good horse if it kicked him in the head!

However, what happens when there are large futurity purses at stake?  What if it was your kid’s last Youth World Show appearance?  A poor placing at these major events stings much more than at a local weekend circuit.  The question then becomes, do you have any legal recourse if you’ve truly been “robbed” out of that first-place finish?  The answer will depend on the facts of each case.

You will need to first exhaust all administrative remedies.  This means you must go through the established appeals process set up by the association (i.e., AQHA, APHA, and NSBA) that has jurisdiction over the show.  Typically, you will need to file a formal complaint with the show management office, who will then report it to the association for a resolution.  You often may also report the rule violation directly to the association headquarters.  Importantly, a complaint should address specifically what rule(s) you think the judge violated.  Simply being unhappy with your placing is not in and of itself a legitimate rule violation.  Judges must only demonstrate a reasonable or rational basis for their placings.  In certain classes (i.e., Trail or Reining), the rationale for their placings will be evidenced by any scoring sheets they have prepared.

Next, the complaint will likely be heard by a committee.  You may even be asked to come and testify before the committee – at your expense.  Again, you will need to present a basis for your complaint and evidence to support such allegations.  Depending on the rules of the association, the complaint may ultimately be appealed to the board of directors.  After you have jumped through all the hoops set forth by the governing association and you are still dissatisfied with the outcome, only then can you challenge the matter in a court of law.

As a condition of membership, most associations, including AQHA, require members to be bound by the rules and bylaws of the association.  For example, Rule GEN108 of the AQHA rulebook states, in part, “all members… shall obey and be bound by all bylaws, rules, and regulations of AQHA and decisions or actions of the Board of Directors or Executor Committee.”  As a result, most courts will likely hold a member subject to the rules or bylaws of the association and will uphold its decision unless you were denied basic due process.  Essentially, you must be given the fair opportunity to complain and be heard in accordance with the rule book.  If you are denied that opportunity, then the court may require a new hearing.

Although breed associations have a wide latitude in setting up rules and bylaws, it is not unbridled.  Breed associations must act in “good faith” in applying and enforcing rules.  It cannot act in an “arbitrary and capricious” manner.  If it is demonstrated that the association acted unfairly, then the court can order that the situation be remedied.  Courts will often give great deference to the internal decisions of private organizations like AQHA, APHA and NSBA; however, courts will also be inclined to address and remedy egregious conduct.

If you have exhausted your administrative remedies and decide to file a lawsuit against the association and/or judge, then you may be required to bring it in a certain State or Federal Court as outlined in the association rulebook.   You may also be responsible for the attorney’s fees and costs in the event that you are unsuccessful in overturning the association’s decision.  This is, of course, in addition to your own attorney’s fees and costs

Katherine Jarve is a partner at the Marlton, New Jersey law firm of Jarve Kaplan Granato Starr, LLC. She is licensed in New Jersey and Pennsylvania and maintains a practice in personal injury and civil litigation, including equine related issues. Katherine spent her childhood competing on the national AQHA show circuit. This article is for informational purposes only and is not intended to be legal advice. If you have a specific legal question or problem, consult with an experienced equine law attorney. Questions, comments or suggestions can be e-mailed to kjarve@nj-triallawyers.com.

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