[blml] Appeals Committees at ACBL NABCs
Sven Pran
svenpran at online.no
Wed Jul 5 15:36:23 CEST 2006
> On Behalf Of Tim West-Meads
> Sven wrote:
> >
> > An AC can not overrule the Director on a matter of Law or regulation
> > (L94B3); the duty of an AC is to try the Director's judgments.
> > Consequently it is more important for members of the AC to be
> > competent bridge players than to be competent "bridge lawyers".
>
> ACs can, and do, overrule TDs on points of law (whether they should is a
> different matter). ACs may discover new information which brings a
> matter of law on which a TD has not ruled into play. OTOH the ruling
> they are reviewing (if it is a judgement one) should be only to a degree
> the "TD's Judgement" since the TD should have consulted people of
> relevant playing ability before making such a ruling.
> It simply isn't an issue of "more important". The competence of an AC
> is a function of both its legal knowledge and its bridge knowledge - we
> should simply recognise that individuals with the requisite amount of
> both types of knowledge are only slightly more common than hen's teeth
> and that ACs should be blended appropriately.
>
> BTW, my understanding of ACs in the US is that they do not "review the
> director's ruling" but rather "review the case and give a ruling" -
> making the requisite technical knowledge even more vital.
>
> Tim
Let me quote Law 93B3 (sorry, I wrote L94 instead of L93 in my first
comment):
In adjudicating appeals the Committee may exercise all powers assigned by
these Laws to the Director, except that the committee may not overrule the
Director on a point of law or regulations, or on exercise of his
disciplinary powers. The committee may recommend to the Director that he
change his ruling.
And there is a footnote (25): Zonal organizations may establish differing
conditions of appeals for special contests.
IMO this law is clear enough and is binding on ACs unless ZO has established
"differing conditions" for the particular contest.
What ACs do is a different matter; I have seen ACs violating this law, but
that does not legalize their rulings.
Sven
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