HP1054
LD 1442		 PUBLIC Law, Chapter 547

on - Session - 129th Maine Legislature
 
  
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An Act To Provide for Court-appointed Advocates for Justice in Animal Cruelty Cases

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 7 MRSA §4016, sub-§1-A  is enacted to read:

1-A.  Separate advocate.   In any proceeding brought under this section, the court may order, upon its own initiative or upon request of a party or counsel for a party, that a separate advocate be appointed to represent the interests of justice. A decision of the court denying a request to appoint a separate advocate to represent the interests of justice is not subject to appeal. An advocate appointed under this subsection must be appointed from a list provided to the court by the Maine State Bar Association pursuant to paragraph B.
A.  The advocate may:

(1) Monitor the proceeding;

(2) Consult any individual with information that could aid the judge or fact finder and review records relating to the condition of the animal and the defendant's actions, including, but not limited to, records from animal control officers, veterinarians and law enforcement officers;

(3) Attend hearings; and

(4) Present information or recommendations to the court pertinent to determinations that relate to the interests of justice, as long as the information and recommendations are based solely on the duties undertaken pursuant to this subsection.

B.  The Maine State Bar Association shall maintain a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students with an interest in animal issues and the legal system. Attorneys and law students serve on a voluntary basis as advocates under this subsection.

Sec. 2. 17 MRSA §1031, sub-§3-C  is enacted to read:

3-C.  Separate advocate.   In any proceeding brought under this section, the court may order, upon its own initiative or upon request of a party or counsel for a party, that a separate advocate be appointed to represent the interests of justice. A decision of the court denying a request to appoint a separate advocate to represent the interests of justice is not subject to appeal. An advocate appointed under this subsection must be appointed from a list provided to the court by the Maine State Bar Association pursuant to paragraph B.
A.  The advocate may:

(1) Monitor the proceeding;

(2) Consult any individual with information that could aid the judge or fact finder and review records relating to the condition of the animal and the defendant's actions, including, but not limited to, records from animal control officers, veterinarians and law enforcement officers;

(3) Attend hearings; and

(4) Present information or recommendations to the court pertinent to determinations that relate to the interests of justice, as long as the information and recommendations are based solely on the duties undertaken pursuant to this subsection.

B.  The Maine State Bar Association shall maintain a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students with an interest in animal issues and the legal system. Attorneys and law students serve on a voluntary basis as advocates under this subsection.

Effective 90 days following adjournment of the 129th Legislature, Second Regular Session, unless otherwise indicated.

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