Volume XLIlI • Number 2 March/April 2010 ProtectingLaws Animals March 2010 Maryland Bar Journal 1 2 Maryland Bar Journal March 2010 Published bimonthly by the Volume XLIII • Number 2 March/April 2010 Maryland State Bar Association, Inc. The Maryland Bar Center 520 W. Fayette St. Baltimore, Maryland 21201 Features Telephone: (410) 685-7878 (800) 492-1964 Laws Protecting Animals Website: www.msba.org Executive Director – Paul V. Carlin Lawyer-Legislator Seeks Better Laws to Protect Animals 4 Editor – Janet Stidman Eveleth Assistant to the Editor – Jason Zeisloft By Janet Stidman Eveleth Attention Lawyers: Sit, Stay, Plan 12 Design – Jason Quick by Barbara Graham and Diana Gary Advertising Sales – Network Publications Subscriptions: MSBA members receive What is the Scope of the Duty to Provide ThE MArylAND BAr JourNAl Veterinary Care? 18 as $20 of their dues payment goes to By Susan J. Hankin publication. others, $42 per year. PoSTMASTEr: Send address change to ThE MArylAND BAr U.S. v. Stevens: The Heart of Protecting Animals 24 JourNAl, 520 W. Fayette St., By Alan S. Nemeth Baltimore, MD 21201. Are Your Neighbors Attacking and Abusing Your Pets? 30 The Maryland Bar Journal welcomes articles on topics of interest to By: Glenn H. Meyer Maryland attorneys. All manuscripts must be original work, Attack On Birds 34 submitted for approval by the Special Committee on Editorial By Lindsay C. Cooper Advisory, and must conform to the Journal style guidelines, which are Compassion for Animals: A Religious Tradition 36 available from the MSBA headquar- By Christine Gutleben ters. The Special Committee reserves the right to reject any manuscript submitted for publication. Changes in State Judicial Processes For Foster Care Children 42 Advertising: Advertising rates will be By Priya Sharma furnished upon request. All advertis- ing is subject to approval by the Editorial Advisory Board. Law and Literature: Truth in Fiction and Law 46 By James M. Kramon Editorial Advisory Board Elizabeth M. Kameen, Chair James B. Astrachan Departments Courtney Blair Ann Norman Bosse Practice Tip Marcella A. holland louise A. lock Enforceability of Venue and Forum-Selection Clauses 50 Victoria henry Pepper Mary langdon Preis Ethics Docket MSBA Officers (2009-2010) Unsolicited Requests by Third Parties for Advice Concerning President - Thomas C. Cardaro Animal Rights Law 53 President-Elect - Thomas D. Murphy Secretary - henry E. Dugan, Jr. Attorney Grievance Commission Treasurer - John Patrick Kudel Spanning the States 54 Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Maryland State Bar Association, its officers, Board of Governors, the Editorial Board or staff. Publishing an advertisement does not imply endorsement of any product or service offered. March 2010 Maryland Bar Journal 3 4 Maryland Bar Journal March 2010 Lawyer- Legislator Seeks Better Laws to Protect Animals AnimAl Abuse is on the rise in this country By Janet Stidman Eveleth and many of the worst offenders are right here in Maryland. In recent years there has been a rash of vicious and ghastly crimes against ani- mals in this state and some of the worse perpe- trators are children. Last summer juveniles in Baltimore City were responsible for setting both a kitten and a pit bull puppy on fire. The kitten was rescued and survived; the puppy had to be euthanized. Stronger laws are needed to protect animals from abuse. March 2010 Maryland Bar Journal 5 Animal abuse is on the rise in this but it is one of the most serious because legislature may be able to make the country and many of the worst abuses against animals underscore law more effective and workable for offenders are right here in Maryland. the problem of escalating violence in the sake of the person and the animals In recent years there has been a rash today’s society. McComas fears animal with respect to animal hoarding. of vicious and ghastly crimes against cruelty points to a deeper and more McComas is troubled about the animals in this state and some of the troubling trend. There appears to be growing trend of animal cruelty, but worse perpetrators are children. last a direct link between a child’s vio- there is a broad spectrum of animal- summer juveniles in Baltimore City lence toward animals and that child’s related issues that fall under “animal were responsible for setting both a kit- tendency toward violence directed at welfare” and it is only one area of ten and a pit bull puppy on fire. The human beings in the future. interest on her long list of legislative kitten was rescued and survived; the McComas cites a recent Johns priorities. McComas, an energetic and puppy had to be euthanized. Stronger hopkins university study which indi- effective member of Maryland’s house laws are needed to protect animals cates that “if there is cruelty to animals of Delegates for the last seven years, from abuse. by minors, there is more likely to be serves as a watchdog of the more vul- These horrific cases, and the string sociopathic behavior in those minors.” nerable populations, like the elderly of animal abuse incidents reported Thus, in some cases, the roots of vio- and their family caretakers, children with alarming frequency on the eve- lent behavior toward humans can be and animals. She is also concerned ning news, have triggered public out- traced back to violence toward ani- about the fiscal crisis, the health care rage. Many citizens are calling for mals. McComas reports that “one of crisis and all of the other crises con- tougher animal cruelty laws and this the questions asked on a psychiatric fronting the 2010 legislature. outcry has reached the ears of elected interview is ‘Did you abuse animals as In a recent interview with the officials, including state legislators. a child?’ because it can be a barometer Maryland Bar Journal, Delegate Susan one member of the Maryland General of future behavior.” K. McComas, a strong, committed and Assembly’s house of Delegates, Animal hoarding is another, yet dif- compassionate lawyer-legislator and Susan K. McComas, a lawyer-legisla- ferent example of animal abuse. There accomplished solo practitioner, can- tor from harford County, is already have been several cases capturing the didly offered insight into her interest working with a contingency of leg- media’s attention in recent months in animals and her pursuit of animal islators to explore ways to better including one in Delegate McComas’ welfare bills in the legislature. She protect animals from the mounting own jurisdiction. last summer a shared her perspective on legislative threat of animal cruelty. woman in harford County with men- progress to date, MSBA’s Animal law To pursue these protections, tal health issues housed over 40 cats. Section’s valuable legislative role and Delegate McComas and other legisla- Several other incidents, respectively her role as one of the few lawyer- tors are working with a consortium of dealing with a multitude of cats and legislators remaining in the Maryland humane societies and animal welfare dog and a menagerie of pets, were General Assembly. organizations and now, with a group uncovered in the state. While these of dedicated volunteer lawyers from incidents are labeled animal cruelty, it the Maryland State Bar Association’s is hard to compare them with the hei- Background Animal law Section. These energet- nous cruelty undergone by the kitten lawyers were always well respected ic attorneys lend their knowledge, and puppy. in the McComas’ family. “We had var- expertise and legal skills to legislators “We are seeing more animal hoard- ious legal issues in my family, ranging to help advance measures that bet- ing cases,” explains McComas. “but from property and estate to domestic, ter protect animals in the state. The these have a psychological compo- so there was always a lawyer around Section views animal cruelty as a top nent. obviously the person does not and he was the person who helped us legislative priority. intend to be mean or hostile to the solve our problems.” Consequently, Animal cruelty is just one of many animals yet is harming the animals McComas wanted to be a lawyer from legislative issues relating to animal because of his or her mental state. We an early age. welfare currently under consideration need to find an effective treatment for She received her B.A. from Johns by the Maryland General Assembly, these folks.” She is hopeful that the hopkins university in 1974 and grad- 6 Maryland Bar Journal March 2010 March 2010 Maryland Bar Journal 7 uated from the university of Wyoming and personal injury cases who, for the Assembly. “I had worked in the leg- College of law in 1980. While attend- last seven years, has also served as islator as an aide and had thoroughly ing law school, she served as a file a member of the house of Delegates enjoyed it,” she recalls. “I was just a clerk for the Wyoming house of in Maryland’s General Assembly. file clerk, but it was a very interesting representatives, a legal intern for the Today, this busy lawyer-legislator dynamic and environment.” Wyoming Department of health and juggles two virtual full-time jobs. “When I returned to Maryland, I Social Services, a legal researcher for This energetic lawyer-legislator is would sometimes go visit the Senate the National organization of Social able to maintain this balance because in the 1970s and just sit in and listen. I Security Claimants’ representatives “there is an ebb and flow” in her par- enjoyed the debate; it is a marketplace and an intern for Wyoming’s Albany allel workloads. “We now have pro se of politics and ideas.” McComas served County’s legal Services.