What's happening
This bill allows courts to appoint special advocates to represent the interests of animals in welfare proceedings, using qualified attorneys or law students.
Why it matters
Gives animals a stronger voice in court. By allowing special advocates to participate, the interests of animals—who cannot speak for themselves—are more directly considered during welfare proceedings, potentially leading to better outcomes for animal protection.
Draws on specialized knowledge. The advocates must be attorneys or law students with expertise in animal issues and the legal system, ensuring that the court receives informed and relevant perspectives on animal welfare cases.
Expands legal education and advocacy opportunities. Law students can serve as advocates, providing them with practical experience in animal law while expanding the pool of available advocates for courts.
Court retains flexibility and control. The appointment of an advocate is optional and at the court’s discretion (not subject to appeal if denied), balancing the need for animal representation with judicial efficiency and case-specific considerations.
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Who cares
Headline styles
Appoint Animal Welfare Advocates
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
702
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the appointment of a special advocate in a proceeding involving the welfare of an animal
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The agriculture and markets law is amended by adding a new section 353-g to read as follows:
§ 353-g. Special advocate in proceedings regarding animal welfare. 1. In any proceeding under this article, article twenty-six-A of this chapter or in any other proceeding regarding the welfare of an animal, 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. If a court orders that an advocate be appointed to represent the interests of justice, the court shall appoint such advocate from a list provided to the court by the commissioner pursuant to subdivision three of this section. A decision by the court denying a request to appoint a separate advocate to represent the interests of justice shall not be subject to appeal.
2. The advocate may:
(a) monitor the case;
(b) consult any individual with information that could aid the judge or fact finder and review records relating to the condition of the cat or dog and the defendant's actions, including, but not limited to, records from animal control officers, veterinarians and police officers;
(c) attend hearings; and
(d) present information or recommendations to the court pertinent to determinations that relate to the interests of justice, provided such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04778-01-9
A. 702 2
information and recommendations shall be based solely upon the duties undertaken pursuant to this subdivision.
3. 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, or anticipate having students, with an interest in animal issues and the legal system. Such attorneys and law students shall be eligible to serve on a voluntary basis as advocates under this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.