Baffert Turns to Court of Appeals in Suspension Case

Trainer Bob Baffert's legal team March 24 filed a motion with the Kentucky Court of Appeals seeking relief from a lower court order denying his plea to block a 90-day suspension of his racing license in Kentucky.

Judge Thomas Wingate turned down Baffert's request for a stay of his suspension March 21 in Franklin Circuit Court. Baffert's motion with the Court of Appeals was filed even as, on the same day, arrangements were in motion to transfer four horses with Triple Crown potential from Baffert's barn to the barns of trainers Tim Yakteen and Rodolphe Brisset.

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Attorneys Craig Robertson and Clark Brewster filed motions for emergency relief and for interlocutory relief with the Clerk of the Court of Appeals on behalf of Baffert and Zedan Racing Stables, owner of disqualified 2021 Kentucky Derby Presented by Woodford Reserve (G1) winner Medina Spirit. Attorneys for the Kentucky Horse Racing Commission, the sole respondent in the case, ordinarily would have 10 days to file a response to the motion for interlocutory relief, but the handling of the case could be accelerated.  

The 90-day suspension of Baffert and disqualification of Medina Spirit originated after the horse tested positive for betamethasone. The ruling was made by Kentucky stewards Feb. 21 after a hearing. Subsequently, the executive director of the Kentucky Horse Racing Commission, Marc Guilfoil, denied a stay request made by Baffert. That was followed by a second denial on Feb. 4 when the Kentucky Horse Racing Commission voted 10-0 against granting a stay.

An appeal to Franklin Circuit Court was next, and Wingate's 21-page order followed. During the hearing before Wingate, Guilfoil testified to his reasons for denying the stay. Wingate ruled based on that testimony, applicable regulations, and Court of Appeals precedent, that Guilfoil did not act in an arbitrary manner; and that the granting of stays for suspended trainers is not automatic as a matter of law despite the practice having been followed on multiple occasions. Instead, Wingate wrote, legislative intent is clear that such decisions must be made on a case-by-case basis.

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Wingate's ruling deferred the onset of Baffert's suspension until April 4, allowing time for Baffert to ask the Court of Appeals for review. However, according to court rules, in order for the appellate court's review to occur so quickly, there must be a finding of an emergency.

In order to find an emergency, there must be an underlying finding that Baffert will suffer irreparable injury before the matter can be heard in due course. Wingate's ruling found that as a matter of law Baffert failed to prove irreparable injury, but the Court of Appeals can take a fresh look at questions of law.

There are 14 judges on the Kentucky Court of Appeals. Permitted under court rules in such cases, Baffert has requested that one of the judges review the matter instead of a typical three-judge panel.

Any party adversely affected by the order of the Court of Appeals may within five days move the Kentucky Supreme Court to vacate or modify it. The Supreme Court, under court rules, will hear such a motion in its discretion only if "extraordinary cause" is shown.

The case before the Court of Appeals applies to the KHRC ruling, and not the private property suspension issued by Churchill Downs against Baffert through mid-2023 that the Hall of Fame trainer also is contesting, but in a different court.