An Act To Provide for Court-appointed Advocates for Justice in Animal Cruelty Cases
Maine Legislature, Session 129, LD 1442
Committee: Judiciary
Sponsors: BAILEY, CHIPMAN, CARDONE, HARNETT, MORALES, CARPENTER
Amends: 7 MRSA §4016, 17 MRSA §1031

Legislative Document
No. 1442
H.P. 1054
House of Representatives, April 2, 2019
An Act To Provide for Court-appointed Advocates for Justice in 
Animal Cruelty Cases
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Cosponsored by Senator CHIPMAN of Cumberland and
Representatives: CARDONE of Bangor, HARNETT of Gardiner, MORALES of South 
Portland, Senator: CARPENTER of Aroostook.
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 commissioner 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 department 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 Commissioner of Agriculture, Conservation and 
Forestry 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 Department of Agriculture, Conservation and Forestry 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.
SUMMARY
This bill allows courts to appoint law students or volunteer lawyers to advocate for 
the interests of justice in animal cruelty proceedings.