That’s What Makes A Horse Race
The Illinois Administrator has filed a complaint alleging that a Kentucky lawyer engaged in unauthorized practice of law in connection with various horse-related matters
On October 7, 2003, Respondent was admitted to practice law in Kentucky. On September 30, 2009, she registered for non-practice exemption status with that State, wherein she would remain in good standing as a member of that bar without complying with any of the jurisdiction’s continuing legal education requirements, but she would not be permitted to practice law in Kentucky.
Between at least July 6, 2013, and April 13, 2014, Respondent represented four different clients in steward’s inquiries relating to allegations of misconduct by horse racing owners and trainers conducted by the Illinois Racing Board (“Board”) pursuant to Illinois Horse Racing Act of 1975, 230 ILCS 5/31.
Between at least July 6, 2013, and April 13, 2014, in the following four matters, Respondent appeared for proceedings held by stewards on behalf of owners or trainers whose conduct was the subject of inquiries…
Between at least September 30, 2013, and February 19, 2014, Respondent represented Stevanna E. Turner (“Turner”) in a matter before the United States Trotting Association (“USTA”) relating to allegations of a misuse of banned substance in a horse owned by Turner during a horse racing event at the Edgar County fair.
On February 19, 2014, USTA Board of Review held a hearing relating to an appeal by Turner regarding the ruling that Turner’s horse had tested positive for a banned substance. Respondent appeared at the hearing as Turner’s counsel.
During the hearing…Respondent was identified by various individuals, including the chair of the USTA Board of Review, at various times as “counsel for defendants”, “appellants’ counsel”, “defense counsel”, “attorney”, and “counsel.” At no time did Respondent deny or correct the descriptions of her as counsel or attorney.
By failing to correct other individuals’ description of her at counsel or attorney, Respondent misled the USTA Board of Review. Respondent intentionally led the USTA Board of Review to believe that she was authorized to practice law in Illinois, when she was not.
During the hearing…while arguing the case on behalf of Turner, Respondent made legal arguments regarding rules of the Illinois Department of Agriculture; USTA rules; the jurisdiction of the USTA; and the integrity of a test sample of the drug purportedly administered to Turner’s horse.
The complaint further alleges failure to cooperate in the bar’s investigation. (Mike Frisch)