Hendrick Motorsports has better chance with appeal to NASCAR’s chief appellate officer
Published 03/14/12 by Bob Pockrass
So far, John Middlebrook, NASCAR’s chief appellate officer, is 3-for-3.
Three appeals heard. Three penalties reduced.
That should be good news for team owner Rick Hendrick, who predicted when Middlebrook took the “job” as chief appellate officer –the last adjudicator of NASCAR penalty appeals –that his good friend would listen to both sides and issue a fair judgment.
Hendrick will see Middlebrook, a former General Motors executive for nearly a half-century, when his No. 48 team appeals its Daytona 500 penalties to Middlebrook in a hearing most likely to be held next week.
While Middlebrook has never rescinded an entire penalty, all three appeals he has heard have resulted in reduced penalties.
“I’ve known John for probably 20 years,” Hendrick said in 2010 when Middlebrook was named to his current post. “When he was with General Motors, I worked with him on the dealership side and the racing side, and I’ve always found him to be a very fair guy.
“I don’t think NASCAR could’ve gotten anyone who’s more straight forward and level headed.”
Although he didn’t talk about Middlebrook after his initial appeal on Tuesday, Hendrick has in the past emphasized his deep respect for him and indicated that Middlebrook would not take into consideration past friendships when making a ruling.
“There’s just no agenda with him,” Hendrick said about Middlebrook in 2010. “He’s beyond being swayed. John will base decisions on the facts and what he thinks is the right thing –not outside pressure.
“He understands the sport and its issues, and his background and experience give him a unique perspective. He’s made tough calls throughout his career, so he won’t be afraid to do that.”
Middlebrook gets paid $1 annually to serve as NASCAR’s final arbitrator. He will make the decision on whether to uphold the penalties for the illegal C-posts found on Jimmie Johnson’s car during opening inspection at Daytona International Speedway Feb. 17.
NASCAR suspended crew chief Chad Knaus and car chief Ron Malec for six weeks, docked Johnson and the team 25 points and fined Knaus $100,000 for violations involving unapproved aerodynamic modifications.
The C-posts are the sections of the car body that extend from the roof to the rear quarter panel. Hendrick has said he believes NASCAR should have placed templates on the car, which had passed similar inspections in 2011. NASCAR officials said the C-posts did not look right and that they used gauges to confirm the violation and then confiscated the C-posts.
Hendrick said he doesn’t accept the current penalty and wanted to exhaust all appeals with the one final hearing with Middlebrook. Knaus and Malec will be allowed to continue in their roles with Hendrick until the final appeal is heard.
“John Middlebrook was as fair an individual as I’ve ever had any dealings with,” said NASCAR driver Peyton Sellers, who had a suspension reduced by Middlebrook in January. “He really had done his homework.
“He used good, level judgment in everything that he did. … When he reduced the penalty, I felt the truth had come out with my situation. He was 100 percent unbiased.”
Middlebrook will sit at a table with both Hendrick and NASCAR officials, including Sprint Cup Series Director John Darby. That is different than the three-member appeals panel, which met with the participants separately Tuesday before issuing a decision to uphold the penalties.
The final appeals process has resulted in alterations to the three penalties that Middlebrook has adjudicated.
In October 2010, he reduced a suspension for Richard Childress Racing’s crew chief and car chief from six weeks to four weeks and reduced a fine from $150,000 to $100,000 for an illegal car Clint Bowyer drove to the win at New Hampshire. He did not reverse Bowyer’s 150-point penalty (the equivalent of 37 points in the new system).
“He listened to both sides,” Childress said after that hearing. “We could ask John [Darby] questions, John could ask us questions or we could each one comment and hear the other one’s comments.
“That made it very fair. … [This] procedure, if it was done similar to that at the other appeal, we wouldn’t be here today. I would not have appealed if it had been done like today. We heard a little bit of both sides today, and we didn’t get to hear that in the last appeal.”
Also in 2010, Middlebrook reduced a $5,000 fine of Nationwide Series owner Johnny Davis to $2,500 for an altercation with another competitor.
Two months ago, Middlebrook heard the appeal of Sellers, a part-time Nationwide Series driver who was suspended indefinitely from any competition for what NASCAR officials said was an altercation with a NASCAR official at a short-track race.
Middlebrook reinstated Sellers as of March 1.
Sellers said he didn’t expect much before his hearing with Middlebrook, which occurred over the phone. Middlebrook called the witnesses to verify the statements Sellers provided and then made his decision.
“I never for a minute thought any penalty would be overturned because of how the first appeal went,” Sellers said. “The first appeal, the decision was made upon walking into the room.
“On the second appeal, I assumed it would be the same way. I then felt when due diligence was done, the truth shined through.”