LANSING, Mich. (Michigan News Source) – Michigan is poised to make history in the legal fight for animal rights. With the introduction of House Bill No. 6024 on October 15, 2024, by Representatives Stephanie A. Young (D-Detroit) and Kara Hope (D-Holt), animals might soon have a dedicated voice in court. This groundbreaking bill aims to allow volunteer advocates to represent animals in criminal cases of cruelty, neglect, or even custody disputes, ensuring that their interests are considered in the legal process.

Speaking for the voiceless: how the bill works.

Under this legislation, Michigan courts would have the authority to appoint volunteer advocates – either attorneys or law students – to act on behalf of animals in criminal cases. These advocates would be responsible for reviewing case records, attending hearings, consulting with experts, and even submitting victim impact statements to the court with the goal being to promote long-term solutions that prioritize the animals’ welfare.

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The role of these advocates goes beyond mere representation; they can also provide crucial recommendations to the court on matters such as rehabilitation and rehoming, ensuring that the well- being of the animal is a top priority. In the bill, it allows the judge to appoint an advocate or for it to happen by the motion of either party “in the interests of the animal or the interests of justice.”

Volunteers to the rescue: a new legal frontier.

The proposed program would rely heavily on volunteer advocates who are passionate and knowledgeable about animal welfare and animal laws. Advocates would be selected from a list maintained by the State Bar of Michigan or their designee and would include both licensed attorneys and law students. To qualify, these volunteers must complete specialized training in animal law and related legal processes. While they wouldn’t receive payment, law students could earn school credits or fulfill pro bono hour requirements.

Which animals are covered?

Although a large amount of the animal cases that actually make their way into courts in Michigan involve dogs, the the legislation’s language broadly defines an “animal” covered in the bill as any vertebrate other than a human. This means that the legislation would essentially cover mammals, birds, reptiles, amphibians, and even fish. The scope is wide, ensuring that any animal involved in a criminal case, whether a victim of abuse or neglect, can benefit from having legal representation.

The State Bar of Michigan, specifically its Animal Law Section, alongside the Animal Legal Defense Fund (ALDF), will administer the program and provide the necessary training for advocates. This training will cover Michigan’s anti-cruelty and neglect laws, ensuring advocates are prepared for the unique challenges of representing animals in court.

A growing movement, following in the footsteps of other states.

Michigan’s House Bill No. 6024 isn’t the first of its kind. Similar programs already exist in Connecticut and Maine under the Courtroom Animal Advocate Program (CAAP). These states have paved the way for recognizing that animals deserve legal advocates when they are victims of cruelty or neglect.

The Animal Legal Defense Fund, which has been instrumental in supporting CAAP laws nationwide, argues that these laws are critical in giving animals a voice in legal proceedings that affect their lives and well-being. Criminal cases involving animals are often complex, requiring forensic evidence and expert testimony. Since animals cannot speak for themselves, having a trained advocate in the courtroom can ensure that their interests are not overlooked.

A paw in the courtroom: a potential game-changer for Michigan.

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House Bill No. 6024 has been referred to Michigan’s Committee on Criminal Justice, and if passed, it could mark a turning point in how the state handles cases involving animal cruelty or neglect.

Representative Kara Hope, a co-sponsor of the legislation is the Chair of the Committee on Criminal Justice and Rep. Young is also on the committee. As Michigan continues to build a coalition of support, from law schools to animal rights advocates, the chances of this bill becoming law grow stronger.

Resurrecting the CAAP bill: a third attempt at change.

This isn’t the first time Michigan has attempted to introduce a CAAP bill. The original draft, spearheaded by Michigan State University’s now-closed Animal Welfare Clinic, stalled several years ago. However, thanks to Representative Young and advocacy organizations like Attorneys for Animals, the bill has been reintroduced with key revisions.

From “property” to protection: are we ready?

Historically, animals have been classified as property under U.S. law, their fates tied to the rights of their owners. However, growing societal empathy for animals, coupled with increased understanding of their emotional and cognitive capacities, is driving change. Michigan’s bill reflects this shift in thinking, recognizing that animals deserve more than mere property status in the eyes of the law.

Animal law advocates weigh in: pushing for stronger legal protections.

Michigan News Source reached out to two animal advocates who are driving forces behind the bill: Bee Friedlander, founding and current member of the State Bar of Michigan’s Animal Law Section and also the board president of Attorneys for Animals – and Ann Griffin, Michigan Humane’s Director for Advocacy and also on the council of the State Bar of Michigan’s Animal Law Section. Both provided insight and clarity on what they perceive as a much-needed law in the state, arguing for more legal protections for animals and advocating for HB 6024 as a step in the right direction.

Griffin described the process by saying, “So we would approach the law schools in the state to see if any of their clinical programs would support students being supervised student advocates and also make information available through the (Michigan Animal Law) Section and otherwise to the State Bar to let attorneys know about the opportunity. And then they would sign up for the training that ALDF is going to offer.”

She went on to say, “Then ALDF in connection with the Section would maintain a list of attorneys and law students who would have been appropriately trained who are available and have expressed interest in being appointed as advocate. And then the court would reach out, presumably to the Section and ask for the list of advocates should they be interested in appointing someone to a case in their court.”

Documentary screening sparks legal debate and shines light on CAAP bill.

Friendlander said that the momentum for Michigan’s CAAP bill was bolstered by a recent screening of the documentary “Dogs Are People Too: A Four-Legged Civil Rights Movement” at the Michigan Theater in Ann Arbor on Saturday, October 12th, which explores the legal standing of animals in society and takes a deep dive into cases in Detroit and the metro area where police officers have killed family dogs. The screening, which was sponsored by Attorneys for Animals and Animal Law Section of the State Bar of Michigan, brought together animal law professionals, advocates and legislators, creating a platform to promote the CAAP program and gain further support.

The critics call CAAP bills a slippery slope.

As with any legislative moves, CAAP bills have their critics. Some worry that giving animals legal representation could open the door to more extreme demands, such as recognizing other animals’ rights or drastically altering human-animal relationships. Rutgers professor, author and animal rights advocate Gary Francione argues that acknowledging animals as sentient beings would necessitate a complete reevaluation of our use of them – no pets, no zoos, no meat. While this is what many consider a far-reaching view, it underscores the evolving debate about how society should treat animals, both legally and ethically.

What’s next for Michigan’s animals?

If House Bill No. 6024 does not pass during the current legislative session, advocates remain hopeful it will be reintroduced in the next session. The bill has already garnered support from Michigan Humane, the State Bar’s Animal Law Section, ALDF many and others who are working together as partners to get the bill across the finish line and will work together in the future once the bill is the law of the land. This includes legislators from Connecticut and Maine who have seen success with similar laws have offered their assistance to to help in any way with the legislation.

A new era for animal welfare.

As the movement for animal rights gains momentum, Michigan’s House Bill No. 6024 could be a pivotal moment in reshaping how animals are treated in the legal system. With the potential to offer animals the legal protection they deserve, Michigan is at the forefront of a growing national trend to give a voice to those who cannot speak for themselves.