CASA* for Dogs? Similar: Desmond's Law

The link at the bottom of the page is to an article by Russell Blair that came out today in the Harvard Courant [http://www.courant.com/] and carries the sub-title: Animal lovers want a voice for abused animals.

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"Animals aren't entitled to legal representation, but the advocates – students from Connecticut law schools who would do the work free of charge – would monitor the case and assist the court in gathering information from animal control officers, veterinarians and police officers. It would be up to judges whether an advocate would be appointed in a particular case."

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Attorneys at The Animal Law Center, LLC (ALC) understand the need for counsel in cases involving violations of animal ordinances or state law. In the case of Bruno, the predator control dog, Attorney Jay Swearingen successfully defended his clients, Bruno's owners, in a jury trial.

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Bruno was impounded for 14 months for dangerous dog charges. The prosecution wanted him euthanized. Yes, Bruno did bite, but he was guarding his property. Bruno's people hired ALC to represent them and this case ultimately went to a two-day trial for Bruno and his family. The jury found him 'not guilty' by reason of provocation. Bruno in his mind believed the person he bit to be a threat. This is a true win for dogs everywhere who are simply doing the jobs they were born to do! ALC is happy to see Bruno finally going home to his loving family.

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But for those instances like that in Branford, Connecticut, where the abuse of an animal cries out for justice, lawyers with heart and knowledge can perform a tremendous service.

Proposal For Animal Advocates In Court Draws Strong Support

* CASA stands for Court Appoint Special Advocates

Not Only in Boulder: Pet Owners Becoming Pet Guradians

Boulder County Colorado ordinances uses the term "Guardian" for an animal owner. In fact, Ordinance 6-1-2. Definitions states "Guardian" means owner.

This change in name occurred in 2000, when the City of Boulder Council "voted unanimously to make the change, as part of a larger ordinance amending several other animal-related laws." This slight change is symbolic for the most part, but "Symbolism is important in Boulder," according to Alan Boles, an assistant city attorney at the time of the name change.

What if the evolution from owner to guardian went beyond symbolism? Could that turn into a pet owner's worse nightmare? According to a November 2005 article (Pet Owner or Guardian?) on the the American Veterinary Medical Association (AVMA) website, "While proponents of guardianship claim it is a harmless recognition of the growing status of pets, guardianship would, in fact, represent a dramatic and negative change in the legal standing of animals." The question that come to my mind is would such a change eliminate a pet owners 4th Amendment right to their pet as property?

Changes to the law...would be likely to affect pets, their owners and their health care providers adversely in several ways:

-They would create legal confusion about the relationship between owners and animals
-They could limit—or even eliminate—pet owners' ability to freely choose an appropriate treatment for a pet.
-They could eliminate pet owners' freedom of choice in decisions about the most appropriate way to care for your pet.
-They could subject decisions about petcare to outside intervention by neighbors, other third parties and government authorities. [More at:http://bit.ly/1Szt52t.]

Could there come a time that Animal Control would morph into a Department of Animal Services where agents could take your "pet" into their custody based on a complaint of neglect or abuse, the same as if it were a child?

"As a pet owner, I have the freedom to decide what is best for my pets. As a pet guardian that freedom is taken away. Choices are made for me.

"A pet “guardian” is required to act in the “best” interest of an animal according to a court system. So if someone decides you are not acting in the best interest of your pet, you will be forced to act accordingly.

"Think these situations will never apply to you? I wouldn’t be so sure.

"What about when you face decisions about euthanasia? The choice may be made for you. What if you decide to kennel your dog during the day to keep him safe? Not going to happen if the court decides this is not “best” for your dog. What if you decide to use a choke collar? What if you want to tie your dog in the yard for an hour? Allow him to stick his head out the window of your car? Allow him off leash?" [More at: http://bit.ly/1SzueHe.]