2015 Animal Law Update CLE Seminar Presented by the Kentucky Bar Association Animal Law Section Kentucky Bar Association 514 West Main Street Frankfort, Kentucky 40601 502.564.3795 www.kybar.org The Kentucky Bar Association Animal Law Section presents: 2015 Animal Law Update This program has been approved in Kentucky for 5.00 CLE credits including 0.00 Ethics credits. Compiled and Edited by: The Kentucky Bar Association Office of Continuing Legal Education for Kentucky Bar Association Animal Law Section © 2015 All Rights Reserved Published and Printed by: The Kentucky Bar Association, February 2015. Editor’s Note: The materials included in this Animal Law Update seminar book are intended to provide current and accurate information about the subject matter covered. The program materials were compiled for you by volunteer authors. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of the Kentucky Bar Association disclaim liability therefor. Attorneys using these materials or information otherwise conveyed during the program, in dealing with a specific legal matter, have a duty to research original and current sources of authority. 2015 Animal Law Update CLE Seminar Table of Contents Agenda............................................................................................................................. i Speakers ........................................................................................................................ iii Kentucky Animal Cruelty Statutes, Case Law and Collaboration between Prosecutors and Law Enforcement .................................................................................. 1 Kentucky's Equine/Livestock: Federal and State Law and Prevention of Cruelty ........... 15 Blood Stained Dirt: Animal Fighting Crimes in Kentucky ................................................ 29 2015 Animal Law Update March 3, 2015 Frankfort, Kentucky 9:00-9:15 a.m. Introduction to Kentucky Animal Cruelty Laws Kathryn M. Callahan (.25 CLE credits) 9:15-11:00 a.m. Panel Discussion on Kentucky Animal Cruelty Statutes, Case Law, and the Collaboration between Prosecutors and Law Enforcement (1.75 CLE credits) Susan Morris Jones Josh Schneider Officer Lisa Nagle Rebecca Eaves 11:00-11:10 a.m. Break 11:10 a.m.-12:10 p.m. Animal Law Section Meeting 12:10-1:10 p.m. Lunch (on your own) 1:10-2:10 p.m. Equine Welfare Issues in Kentucky: Statutes, Case Law & Associated Matters (1.00 CLE credit) Kathryn M. Callahan Clint Quarles 2:10-2:15 p.m. Break 2:15-4:15 p.m. Blood Stained Dirt: Animal Fighting Crimes in Kentucky (2.00 CLE credits) John Goodwin Megan Engle Rosen Leslie Rudloff i ii SPEAKERS Kathryn M. Callahan 906 Shady Lane Louisville, KY 40223 (502) 439-8485 [email protected] Kathryn M. Callahan is a solo practitioner in Louisville, where she concentrates her practice on animal legal matters, including issues related to Kentucky animal shelters and animal rescue. She holds a J.D. from the University of Louisville School of Law (now Louis D. Brandeis School of Law) and an A.B. from Smith College. Ms. Callahan serves on the Board of Directors of The Arrow Fund. She is a member of the Kentucky Bar Association and its Civil Litigation Section. She also serves as the 2014-15 Chair of the newly formed KBA Animal Law Section. Susan Morris Jones Assistant County Attorney Office of the Jefferson County Attorney Jefferson Hall of Justice 600 West Jefferson Street Louisville, KY 40202 (502) 574-6336 [email protected] Susan Jones is an Assistant County Attorney in the Jefferson County Attorney's Office, where she concentrates her practice in animal law, city ordinances and benefits. She received her B.A. from the University of Louisville, and her J.D. from the University of Louisville School of Law. Ms. Jones is a member of the National Alliance on Mental Illness (NAMI), the Red Cross and Alley Cat Advocates. She is also a member of the Kentucky Bar Association. Officer Lisa Nagle Louisville Metro Police Department 600 West Jefferson Street Louisville, KY 40202 (502) 296-8525 [email protected] Officer Lisa Nagle joined the Louisville Metro Police Department (LMPD) in June 2007. Early in her career, she focused on animal cruelty laws and developed a working relationship with Louisville Metro Animal Services to combat crimes against animals. In August 2009, she assisted the Indiana State Gaming Commission in one of their largest dog fighting busts that included the confiscation of 110 pit bulls. Since then, Officer Nagle has successfully charged and prosecuted multiple felony torture and dog fighting cases. To help educate others on animal abuse and dog fighting, she has conducted presentations and training for area colleges, rescues, departments within Louisville Metro Government, and law enforcement departments throughout the state of Kentucky. In February 2014, she spoke in front of the House Judiciary Committee in support of HB 408, which would make the possession of dog-fighting paraphernalia a crime. Officer iii Nagle is also a member of the LMPD Hostage Negotiation Team and the Peer Support Team. She received her B.S. from Central Michigan University in 1995. Josh Schneider Assistant County Attorney Office of the Jefferson County Attorney 700 West Jefferson Street Louisville, KY 40202 (502) 552-5937 [email protected] Josh Schneider is an Assistant County Attorney in the Jefferson County Attorney's Office in Louisville. He received his B.A. from Northland College, his Master's Degree in Education from the University of Vermont, and his J.D. from the University of Louisville Louis D. Brandeis School of Law. Mr. Schneider is a member of the Kentucky Bar Association. Rebecca Eaves President The Arrow Fund Post Office Box 1127 Prospect, KY 40059 [email protected] Rebecca Eaves, President and Founder of The Arrow Fund, has actively pursued animal rescue for more than twenty-four years. While at the helm of The Arrow Fund, she has helped provide medical care for more than 500 animal victims of abuse, neglect, and torture. The Arrow Fund, a 503(c)(3) non-profit organization that serves Kentucky and southern Indiana, seeks to hold animal abusers responsible for their actions, educate the public regarding the ongoing problem of animal cruelty, and advocate strengthening our local, state, and national animal welfare laws. Ms. Eaves takes a hands-on approach to her charitable work by meeting with each animal upon intake, discussing the various options available for each animal with veterinarians and veterinary specialists, following each animal's progress, and in the event the best interest of the animal requires euthanasia, comforting the animal during its final moments. Ms. Eaves maintains a widely-read Facebook page for The Arrow Fund and communicates regularly with people in multiple countries. Clint Quarles Kentucky Department of Agriculture 500 Mero Street, 7th Floor Frankfort, KY 40601 (502) 564-1155 [email protected] Clint Quarles is an attorney in the Legal Division of the Kentucky Department of Agriculture. He received his Bachelor of Applied Science (BASc) in Agricultural Economics from the University of Kentucky and his J.D. from the University of Kentucky College of Law. Mr. Quarles is a member of the Kentucky Bar Association and its Environment, Energy & Resources Law and Animal Law Sections. iv John Goodwin Director of Animal Cruelty Policy Humane Society of the United States 2100 L Street NW Washington, D.C. 20037 [email protected] John Goodwin is the Director of Animal Cruelty Policy for The Humane Society of the United States' Animal Cruelty & Fighting Campaign. He is a nationally recognized expert on animal fighting issues who has been involved in the passage of both state and federal legislation to curb animal fighting. Mr. Goodwin has given thousands of media interviews about dogfighting, cockfighting, and various other animal issues and has testified before numerous state legislatures. He is a court certified expert witness on animal fighting issues in multiple states and regularly teaches classes on animal cruelty and fighting investigations for police and prosecutors. Megan Engle Rosen 601 West Broadway, Suite 300 Louisville, KY 40202-2238 [email protected] Megan Engle Rosen is Chair-Elect of the Kentucky Bar Association Animal Law Section. After graduating from the Moritz College of Law at The Ohio State University, Ms. Rosen worked as a legal aid attorney in Detroit, Michigan. Since returning to her hometown of Louisville, Kentucky in 2010, she has continued practicing in the area of public benefits. In 2014, Ms. Rosen, a lifelong animal lover, recognized the need for a greater animal legal presence in Kentucky and worked to create the Animal Law Section. She is admitted to the Kentucky and Michigan bars and is a member of the State Bar of Michigan Animal Law Section. Leslie Rudloff 5100 Wisconsin Avenue NW, Suite 400 Washington, DC 20016 (202) 527-7370 [email protected] Leslie Rudloff is senior counsel for the Physicians Committee for Responsible Medicine (PCRM), a nationwide organization of physicians and laypersons that promotes preventive medicine,