Law students, attorneys could advocate for animals in cruelty cases under new proposal
LANSING – In March 1995, over 100 goats, horses, cows, rabbits and dogs – many malnourished, infected with lice or with a foot rot disease – were seized from a Nunica farm by the Ottawa County Humane Society.
Many of the animals could not be euthanized, seemingly the most humane option, because the farmer charged with animal cruelty still owned them.
On top of costing the county over $57,000 to care for the neglected animals during the court proceedings, the animals experienced an ‘inhumane’ level of suffering, said Rockford attorney Ginny Mikita.
That case inspired Mikita to write an article in the National Law Journal advocating the idea that animals deserve their own representation in legal proceedings, she said.
“There are situations where a prosecutor’s resources are so limited that they can’t get a lot of information about what happened,” Mikita said. “The only way for that to happen would be to have an independent person able to step in and speak on behalf of the animal.”
People have advocated on behalf of animals in courtrooms in the past, but they’ve been rare occurrences.
The latest proposal would systemize the process of appointing an advocate.
Now, 30 years after the Ottawa County controversy, a bill to allow attorneys and law students to act pro bono – for free – as advocates for animals in criminal animal abuse cases has been reintroduced in the House.
Some animal rights advocates say they have plans to further alter how the state handles cruelty cases.
Since 2023, the Federal Bureau of Investigation has recorded 911 reports of animal cruelty in Michigan. Of those reports, 199, or 21%, resulted in a criminal charge.
The legislation introduced by Reps. Stephanie Young, D-Detroit, Carol Glanville, D-Walker, and Betsy Coffia, D-Traverse City, along with 12 others, would give judges discretion to appoint volunteer advocates in such cases.
Similar proposals have been introduced, with the earliest in 2018, but all failed to make it across the legislative finish line.
A volunteer advocate could attend hearings, coordinate expert testimony, make recommendations related to the animal’s placement and present a victim impact statement on behalf of animals – which the bill defines as “vertebrates other than humans.”
Law students enrolled in a clinical program could serve as volunteer advocates for credit under the proposal, although they’d have to complete training with the State Bar of Michigan’s Animal Law Section.
Funding for that training would be provided by the Animal Legal Defense Fund, a nationwide nonprofit, said Bee Friedlander, a Canton attorney who is a member of the Animal Law Section.
Friedlander is also the president of Attorneys for Animals, an organization that advocates for animals to be recognized and protected as individuals in the legal system.
The proposal would grant judges the final authority to approve or deny a request to appoint an advocate, with no opportunity to appeal – something Mikita said she’d like to see changed.
Mikita remembers advocating against euthanizing an abused animal and feeling a sense of relief upon seeing that the judge handling the case had a statue of a golden retriever in her chambers.
But, what if the judge hadn’t been a dog person?
“It feels like a showstopper,” Mikita said. “You’ve got this lovely resource available, and yet, the judge who’s hearing the case can just say no.”
She said she would prefer if judges denying a request were required at least to explain their reasoning.
Ann Griffin, the advocacy director of Detroit-based Michigan Humane, said a separate legislative proposal would change the sentencing guidelines to recommend harsher penalties for defendants.
It’s nearly impossible for a defendant without a prior felony animal abuse conviction to be sentenced to jail under the current guidelines, Griffin said.
That proposal will be introduced in about a month, Griffin said.
The animal advocacy bill is pending in the House Judiciary Committee.