Claridge v. New Mexico State Racing Com'n
| Decision Date | 22 June 1988 |
| Docket Number | 10,633 and 10,647,Nos. 10,646,s. 10,646 |
| Parties | Brooks CLARIDGE, et al., Petitioners-Appellants and Cross-Defendants, v. NEW MEXICO STATE RACING COMMISSION, Respondent-Appellee and Cross-Appellant. Richard HILL, et al., Petitioners-Appellants and Cross-Defendants, v. NEW MEXICO STATE RACING COMMISSION, Respondent-Appellee and Cross-Appellant. NEW MEXICO STATE RACING COMMISSION, Petitioner, v. Honorable Martin G. PEARL, Respondent. |
| Court | Court of Appeals of New Mexico |
This appeal involves the resolution of conflicting decisions of two different district courts concerning similar issues. In Hill, et al. v. New Mexico State Racing Comm'n, No. 10,633, the district court of Valencia County issued a preliminary injunction restraining the New Mexico State Racing Commission (Commission) from using, for evidentiary purposes, the results of racehorse drug tests conducted in laboratories located outside the State of New Mexico or tests which were conducted retroactively after the state racing chemist had certified that initial tests were free from unlawful substances and the purses were distributed. In Claridge, et al. v. New Mexico State Racing Comm'n, No. 10,646, the district court of Santa Fe County upheld the Commission's suspension of the licenses of five individuals, following review by certiorari of the order of the Commission.
Appeals in both cases were taken to the Supreme Court. That court, in separate orders entered May 23, 1988, directed that the cases be consolidated and remanded to the Court of Appeals for decision within thirty days. The two cases remanded to this court have also been consolidated by the Court of Appeals with an interlocutory appeal, No. 10,647, involving common issues pending in this court.
Under this court's order dated May 24, 1988, petitioners in Cause Nos. 10,646 and 10,633, and respondent in Cause No. 10,647 were designated as appellants in these consolidated cases, and petitioners in No. 10,647 were designated as appellees and cross-appellants for purposes of these consolidated appeals.
Five issues are raised by the parties in the appeal and cross-appeal: (1) propriety of out-of-state drug testing; (2) legality of drug retesting; (3) ascertainment of legislative intent; (4) administrative interpretation; and (5) as to the five individuals involved in Claridge, whether chain of custody of test samples was properly established, whether urine specimens were improperly removed from the New Mexico State Scientific Laboratory (NMSSL), and whether other urine specimens were improperly used to obtain evidence against these individuals.
We affirm the decision of the District Court of Santa Fe County in Cause No. 10,646, and reverse and remand the decision of the Valencia County District Court in Cause Nos. 10,633 and 10,647.
Appellants (Horsemen) in this case, petitioners below, are owners, trainers or veterinarians of horses raced in New Mexico during 1987. By statute, they are required to be licensed by the New Mexico State Racing Commission (Commission). NMSA 1978, Sec. 60-1-5(A) (Cum.Supp.1987). All of the Horsemen were so licensed until the events described below. Some of the Horsemen have had their licenses suspended by the Commission after a formal hearing in which the Commission determined the urine specimens of horses they trained tested positive for drugs. The licenses of the other Horsemen have been summarily suspended as a result of positive tests on urine specimens of their horses, but they have not yet had formal hearings before the Commission. We understand that, as a result of proceedings below, the licenses of all the Horsemen have been reinstated pending the outcome of this appeal.
Appellee is the New Mexico State Racing Commission. The Commission is an administrative agency created by statute, NMSA 1978, Section 60-1-3 (Repl.Pamp.1981), with statutory power to regulate and control horse racing in this state. Included within its statutory powers are the powers to grant and revoke licenses to persons involved in horse racing, Section 60-1-3(F)(1), to make rules and regulations for the conduct of races, Section 60-1-3(F)(2), and to cancel or revoke the license of any license holder who violates the provisions of the Horse Racing Act, or the rules and regulations promulgated by the Commission. Sec. 60-1-11(E) (Repl.Pamp.1981).
The factual setting of this appeal involves post-race testing of racehorses for drugs and other chemicals. After a race, the winning horse and other randomly selected horses are taken to the test barn and specimens of blood, saliva and urine are taken from them. This case particularly concerns the urine specimens. By statute, when there is enough of the urine, it is divided into two portions. See NMSA 1978, Sec. 60-1-22 (Repl.Pamp.1981). One of the portions is used for the official tests that are conducted prior to the release of the purse, which we refer to as the official specimen. The second portion is sent to the NMSSL, where it is to be kept for at least three months and, after ten days from receipt, also is to be used in a program of random testing, which we refer to as the NMSSL specimen or the "split" specimen. In addition, the NMSSL specimen, upon demand, is made available to the New Mexico Horsemen's Association.
In August 1987, the Commission began sending official specimens to a laboratory in Arizona, Analytical Technologies, Inc. (ATI), for testing. Also in August 1987, the Commission named Dr. Loris Hughes, Director of the NMSSL, the official state racing chemist. It is apparently undisputed that prior to August 1987 all official testing had been done under the supervision of the official state racing chemist (official chemist) in his laboratory, which was located in New Mexico.
Thereafter, the Commission heard of a new screening procedure that had been developed to detect the presence of two synthetic narcotics, buprenorphine and oxymorphone. As a pilot project, the Commission decided to test this new process by sending NMSSL specimens to Illinois for screening. In addition, the Commission ordered ATI to save specimens even after an official clear test so that they could be screened. Three hundred ninety-four specimens were sent to Illinois, eighteen of which tested possible positive. These eighteen specimens were returned to ATI for testing on the gas chromatograph mass spectrometer (GC/MS), a very expensive but reliable test that identifies the chemicals in a specimen. The GC/MS confirmed the presence of one of the two drugs in nine of the specimens. It should be emphasized that none of the test results from this pilot project have been used in evidence against any of the Horsemen in the two actions below.
The record supports an inference that, as a result of this pilot project, the Commission determined to test all the official specimens held at ATI for the presence of these synthetic narcotics. The Commission developed a priority system for such testing. The top priority was given to those specimens from horses whose specimens had tested positive for these synthetic narcotics during the pilot project. The Commission identified the horses' trainers through the use of sealed envelopes identifying the horse and trainer connected with each specimen. ATI identified another fifty-four specimens from horses trained by the same trainers. These fifty-four specimens were shipped by Federal Express to a laboratory in Michigan for screening. The Michigan laboratory identified ten as possible positives. These possible positive specimens were shipped back to ATI, which again used the GC/MS equipment to confirm the presence of one of the two drugs in six specimens. The six specimens were from horses trained by five different men: Brooks Claridge, Jimmy Claridge, Richard Fry, Bobby Willis and M. Brent Davidson (the Claridge group). The report from ATI was sent to the official state racing chemist, Dr. Hughes, who reviewed it with Dr. Standifer, head of the toxicology bureau of NMSSL. After verifying the techniques used, the back-up data provided and the results of the tests, Dr. Hughes submitted a report to the Commission. The Commission immediately suspended the licenses of the five trainers, and notified them of formal disciplinary hearings. As a result of the formal hearings, the Commission suspended the licenses of all five men for five years, as required by statute. See NMSA 1978, Sec. 60-1-5(F) (Cum.Supp.1987).
The Claridge group immediately filed a petition for writ of certiorari in the Santa Fe County District Court to review the action of the Commission. They argued the Commission's actions violated state statutes prohibiting out-of-state testing and retesting of official specimens once a clear test has been obtained. In addition, they argued the results of the tests could not lawfully be considered by the Commission because the chain of custody of the specimens was not established; because the Commission used confidential records to identify them; and, because the Commission mishandled the split specimens sent to the NMSSL. On March 28, 1988, the Santa Fe County District Court determined that the Commission's actions were within its lawful authority and that its decision was lawful and reasonable, and supported by substantial evidence. The district court therefore upheld the suspensions.
The tests resulting in the suspensions of the Claridge group...
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