NEW MEXICO *#$%$&'!()*(!+,-$./!01!2,3!4+#,"-55536.7893,9% The Emerging Field of Animal Law Animal Law Section, State Bar of New Mexico !!!!"#$%"&'()$*+#,"-!"!#$%$&'!()*(!!!!*!!! Success is never alone Share yourEarn success one year by mentoring of free CLE a credits.new member. New members will be sworn in September 25, 2012. For more information on signing up to receive one year of free CLE credit in exchange for a one-year mentorship, contact Jill Anne Yeagley, [email protected] or (505) 797-6003, or visit http://www.nmbar.org/Attorneys/Mentorship/mentorship.html. !"#$%&'()&'%*+ ,&-(."/)#+'+".%"*, (!!"#$%"&'()$*+#,"-!"!:8;!()*( By Helga C. Schimkat nimal law is a growing area of law that many lawyers have brushed up against without even thinking of the matter as “animal law.” Essentially,A animal law is the substantive body and practice of law that a!ects non-human animals (referred to for the sake of simplicity as “animals” for the balance of this article) and the interests of humans with respect to animals. Animal law is similar to "elds of law such as children’s law, wherein many types of law a!ect or relate to a particular grouping of individuals. #e practice of animal law may involve such diverse areas of law as torts, contracts, criminal, administrative, regulatory, municipal, trusts and estates, property and constitutional. Speci"c examples include prosecuting cruelty cases, defending dog bite cases, drafting a pet trust provision in someone’s estate plan, pursuing a tenant’s rights against a landlord with respect to a pet, and resolving a contract dispute be- tween an adopter and the rescue group from which a pet was adopted. Animal lawyers are also involved in public policy and may pursue fed- eral and state legislation and local ordinances that a!ect animals, such as wildlife conservation and endangered species laws, dangerous dog statutes, and creating life-long sanctuaries for the country’s captive chimpanzee population. Other animal law lawyers get involved with litigation that a!ects the well-being and rights of animals. Law regarding animals a!ects many animals and thus also the people who have an interest in the how animals are treated in our society. For W5!(5 ()055,'-.#'8)' example: 5R5515 2#)]-5 ,',-5 )1(5 )0,5 g8m5 '#&&#)(5 ,'5 (#'&-5 #(5 for biomedical research. #e report does not list the laboratory- hffm65),#(!5.)5."5,-/&.-5) 5."5(#.5..-5*,.'(.5 bred mice and birds that the Institute may have because the federal of Agriculture’s 2007 Census of Agriculture, New Mexico State Animal Welfare Act, which governs most aspects of biomedical and County Data, February 2009 (http://www.agcensus.usda. ,-,"65)-5().5,+/#,5."'5.)55&#-.85 !)0I/&#.#)(-IhffmC65#(&/#(!5g8m5'#&&#)(5"5) 5..&5(5 ghl6fff5-"*85(#'&-5#(5!,#/&./,5,5."5-/$.5) 5(/',)/-5 (35&13,-5(5,&.5&!&5*,-)((&51),%5)(5(#'&5&15#--/-5 state laws. through various employers. Quite a number of state and local agen- 5R55 (5 hfgg65 ."5 -..]-5 (#'&5 -"&.,-5 .))%5 #(5 ggn6fff5 .-5 (5 cies are involved on a regular basis in animal law matters. #ey in- dogs and euthanized 55,000 of them due to “shelter overpopu- &/65')(!5).",-65."5),5) 5.,#(,35 ##(65."5(#'&5 lation,” according to a Feasibility Study: Creating a Fund to Aid "&.,#(!5),65."5'5)''#--#)(65."5 #0-.)%5),65."5 Low-Income Households in Sterilizing, Vaccinating and Spaying *,.'(.5 ) 5 !,#/&./,65 ."5 ..),(35 (,&]-5 Ń65 (5 &15 or Neutering their Companion Animals65 (/,35 hj65 hfgh65 35 ( ),'(.5 .5 &&5 &0&-A)/,.-65 (#'&5 )(.,)&5 )Ń,-65 *,)-/- ."#-5/."),5 ),5."515 2#)5(#'&5"&.,#(!5),5(5 .),-65*/&#5 (,-5(5#.35(5)/(.35..),(35)Ń-85-#-5."5 !/&.#)(5 (5 #(-#(!5 *,.'(.5 B"..*9II1118,&8-..8 government lawyers and related personnel, lawyers in private practice ('8/-I),-I(#'&K"&.,#(!K,0#-8-*2C85 /5 .)5 ."5 engage in animal law, as described earlier, as do lawyers with non- -..]-5(#'&5"&.,#(!5.65*--5#(5hffm65M5mm7g7g5.5-+85 pro"t organizations that handle animal issues such as animal shelters, 5gomn65.")-5(#'&-51,5/."(#45/(,5."5-/*,0#- advocates for animal causes, and business associations for commercial sion of a licensed veterinarian or by a licensed euthanasia techni- interests. cian, which was not necessarily the case in each shelter before that law was enacted. Animal law also makes the papers a lot and provides for heated de- 5R55Ļ5 )0&5 -*#,.),35 -,"5 (-.#./.5 #(5 &/+/,+/5 bate. For example, every year at least a few cases involving severe dog reported in its Annual Report of Research Facility for the USDA’s maulings or killings make the news. In some states or communities, Animal and Plant Health Inspection Service65 )0',5 gj65 hffn5 those situations led to the passage of “dangerous dog” acts or even (http://www.humanesociety.org/assets/pdfs/animals_laboratories/ ,7-*#ŀ5&!#-&.#)(8515 2#)5*--5."5(!,)/-5)!5 /-K,*),.-I(17'2#)IhffnK/-K((/&K&)0&K,-,"K .5#(5hffk65MM5mm7g7g5.5-+85 5gomn65(5'),5."(5)(5 #(-.#./.8* C65.".5#.5"5jih5()(7"/'(5*,#'.-65ifm5 ,,.-65 attempt has been made to designate some breeds as automatically gnf5,#.-65gmh5)!-5(5on5!/#(5*#!-5#(5/-5),5/(,5#.-5)(.,)&5 continued on page 5 !!"#$%"&'()$*+#,"-!"!:8;!()*(!4! Protecting Animals Can Make Us a Safer Society: Examining the Link Between Animal Abuse and Human Violence By Laura E. Sanchez (5 365 /%5))5 !()..51-5,- !e Link ,-.5#(55!,/-)'5-5#(5,&#(5)(5 Research supports the notion that healthy chargesI of killing and dismembering, then relationships between humans and ani- eating, his alleged lover. #e incident was mals enhance physical and psychological taped and posted on the Internet, includ- health and teach us how to understand an- #(!5 )).!5) 5 !()..5.#(!5(5*)-- other being and how to express compas- g sibly having sex with parts of his victim. -#)(65'*."365(5(/,./,#(!85/.5 ),5."5 (35(#'&5.#0#-.-5"5&)(!5-/-*.5 past several decades, there has also been .".5 !()..51-5(!,)/-5 .,5"5"5 documentation of a link between domestic posted similar videos in the past two years violence, child abuse, elder abuse and ani- 2 showing him killing kittens. As grisly and mal abuse. When domestic violence exists, shocking as this act of violence was, the companion animals are often caught in connection between animal cruelty and the cycle of family violence. Perpetrators -/-+/(.5"/'(50#)&(5#-5",&35(185 who commit violent acts against their ,#&5%#&&,5 Ŀ,35"',5&)05.)5#-- partners will often commit animal abuse, sect animals and had a history of impal- including killing, harming, or threaten- 3 ing dogs’ heads, frogs and cats on sticks. ing family pets. Women caught in the .1(5gomn5(5goog65"',5%#&&5gm5 cycle of violence will hesitate to leave an males, molesting many of them, dismem- abusive partner because the animals have bering them, and keeping their body parts been threatened with harm. In some cases, in the refrigerator. From police reports, we children will defend or attempt to protect %()15.".55/(351-5 ),5.)51#.- their companion animals by intervening in ness animal cruelty by his grandfather. He domestic disputes, thus placing children in &.,5 %#&&5 ii5 1)'(85 0#5 ,%)1#.465 greater danger. Animal abuse in the home the “Son of Sam,” poisoned his mother’s has also been an indicator of potential *,%.5)/.5) 5$&)/-3855&.,5-").5gi5 child abuse, and studies suggest that abus- young men and women, leaving six people ers of the elderly population may correlate dead and at least two with permanent dis- W5#()44)55,'-.#'8)' with those who also abuse animals. abilities. Ļ5&#(%5#-50#(.85(#'&5,/&.35#-5().5$/-.5)/.5."5(#'&-5#(- While these repugnant tales are the most infamous and may seem volved. Evidence suggests this may be a signal of a deeper and more .))5,,5.)5-/!!-.55*,)&'5 ),5)/,5)''/(#.365."515 2#)5 violent problem, whether as an act of abuse and control over victims State Police "les are full of many local examples of the connection be- through their cherished pets, or as a red $ag when a young person tween animal abuse and human violence. #e problem is particularly tortures animals and must get help to prevent an escalation to human prevalent in households that su!er from domestic violence. According violence. to the American Humane Association (AHA),45 mg5 *,(.5 ) 5 *.7 owning women entering women’s shelters reported that their batterer What Can We Do About !is Problem? "5.",.(65#($/,5),5%#&&5 '#&35*.-5 ),5,0(!5),5.)5*-3")- #e AHA explains what advocates can do for battered women with logically control victims, and 32 percent reported their children had pets.55 "(!-5 -5 -#'*&5 -5 #(!5 +/-.#)(-5 )/.5 *.-5 (5 ."#,5 hurt or killed animals. Sixty-eight percent of battered women reported 1& ,5 .)5 -"&.,5 #(.%5 +/-.#)((#,-5 (5 ,#-%5 ----'(.-5 (5 0#)&(5.)1,-5."#,5(#'&-651#."5nm5*,(.5) 5."-5#(#(.-5)- help bring awareness. Advocates can also work with animal shelters, /,,#(!5#(5."5*,-(5) 5."51)'(5(5mk5*,(.5#(5."5*,-(5 veterinarians, and rescue groups to establish “safe haven” foster care of the children to psychologically control and coerce them. programs for the animal victims of domestic violence. Some women’s shelters around the country are already building kennels at their facili- Ļ#-5,.#&52'#(-5."5,-)/,-50#&&5#(515 2#)5.)5,#-5 ties. Other e!orts include making provisions for pets in safety plan- awareness about this issue, including an upcoming Annual Conference ning strategies, helping clients prove ownership of their animals, and on the Link Between Animal Cruelty and Human Violence.