162 SIDELINES FEBRUARY 2014
FOR HORSE PEOPLE • ABOUT HORSE PEOPLE
e
Equine Law
By Lisa Hollister, Esq
We all know that the hunter division of the horse show world
is by its very nature subjective. However, a real question arises
when you do not like the judge’s decision and believe that it might
be a violation of the USEF rules. Looking at the rules there are
judge’s actions and decisions which are not able to be protested,
therefore, before you go through the trouble and expense of filing
a protest you might want to know when filing such a protest would
be futile.
A USEF Licensed Judge’s Obligations in Fulfilling their Duties
The most important rule specifying the general obligations of
a USEF Judge are specified in GR 1034.1 which covers good
judging. Specifically, this rule states that, “A judge serves three
interests: his own conscience, exhibitors and spectators. He
should make it clear that the best horses win.” A judge is hired
because of his or her expertise as well as their commitment to
help put on a fair and honest horse show and most judges are
committed to this obligation.
When a Judge isRequired toExcuse aHorse fromCompetition
Because handling and riding horses can at times be dangerous,
under GR1034.11 a judge is required to order from the ring any
unruly horse whose behavior threatens “the rider, driver, handler,
other exhibitors or their entries.” Similarly under GR 1034.12 a
judge is required to order from the ring “any rider, driver or handler
who exhibits inappropriate or dangerous behavior or whose actions
would in any way threaten the safety of any exhibitor, their entries
or safety of class officials.” As a result, if your horse behaves
dangerously, the judge is under an obligation to have the mount
ordered from the ring. Filing a protest under such circumstances
would be both a waste of time as well as a loss of your filing fee.
Issue of Soundness
GR 1034.7a concerns a judge consulting with a veterinarian.
Only a judge has the right to call a veterinarian to make an opinion
during a class. While judges are encouraged to call a veterinarian
if they are deciding on whether to disqualify an entry, they are not
required to do so. Specifically, the rule states that if a “veterinarian
is not immediately available or not called upon, the judge’s
decision as to the serviceable soundness of a horse shall be
accepted for the purpose of disqualifying a horse from showing in
that class and shall be final.” In hunter classes there seems to be
even less emphasis on calling a veterinarian prior to determining
whether a horse is sound, in that “the decision of the judge as to
the serviceable soundness of a horse in the hunter classes is final,
however the competition veterinarian may be consulted.”
Under GR 1204.4 and 5, in the event a judge requests an official
veterinarian to make a decision as to the serviceable soundness
of a horse, then the decision will be final for the purpose of
awarding ribbons. The judge then upon having received the
benefit of the consultation with the veterinarian, will then place the
horses being judged at his own discretion. It is never the place
of the veterinarian to make the final call as to scoring the class or
placement of ribbons. As a result, if you protest a judge for not
calling a veterinarian in to look at your horse when the judge has
given you a low score for soundness it is unlikely that you will
prevail.
Non-Protestable Decisions
According to GR 602 5.a “The soundness of a horse when
determined by an official veterinarian of the competition or by a
judge, is not protestable.” As a result, when either a veterinarian
or judge decides that a horse is not sound the decision is final, and
given the rules discussed earlier in this article such as GR 1204.4
and 5, a judge always has the authority to overrule a veterinarian’s
decision in this regard and go with his or her own decision.
Finally, under GR 602.5b. “A judge’s decision, representing his/
her individual preference or opinion, is not protestable unless it
is alleged to be in violation of Federation rules.” USEF gives a lot
of latitude to judges to make decisions based on their conscience
and make decisions without fear of being protested for making an
unpopular decision.
Conclusion
While you may personally feel that a judge has made a wrong
decision regarding placement of competitors, dismissal of a horse
or making a determination that a horse is not serviceably sound,
you need to realize USEF gives judges a lot of latitude in making
these decisions. For the horse shows to work, USEF’s rules are
both practical and necessary.
Lisa Hollister is an attorney
practicing in Cincinnati, Ohio.
Questions for Ms. Hollister’s
column can be addressed to
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Protesting A Judge’s Decision
