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Animals and the Law
Animals & The Law
Editor’s Note
This edition of The Arkansas Lawyer is dedicated to animals and the law. The role of the law related to animals has remained constant in many ways over decades. Some of the articles in this edition reflect those unchanging legal concepts about the valuation and regulation of animals. However, no one can deny that the importance of animals in our lives, particularly our household pets, has grown astronomically over the last two decades. The emotional support role of animals is tremendous and with that enhanced role comes more scrutiny of how animals are treated by veterinarians and the public. Recent examples are the questions of how to hold the government responsible for its role in seizing animals1 and the recoverability of damages for emotional distress resulting from the conduct of a doggy daycare.2 The pace of new legal issues related to pets and other animals in our society is sure to increase even more rapidly in the coming years, and this edition provides insight into the current status of the most common issues of animal law.
The reader will also note that this issue has an unusual humorous and fun side that is sometimes difficult to achieve in a magazine dedicated to law and lawyers. Even in the context of important and serious legal issues that are themselves no laughing matter, the description of a person’s relationship to animals can bring a smile. For example, many pet owners will be relieved to know that since 1916,
“The importance of pets in the practices of our very members is revealing as their stories and photos in this special edition reveal. Animals indeed have a special place in the law and in our lives, and this special edition hopes to accentuate that sentiment.”
Rosalind and Kirby Mouser's Charles the Law Dog, aka Charles Bark-Ly, aka Charlie.
“His specialty is emotional support. He began coming to the office with me during the pandemic. When clients began coming back I discovered that 94% of them loved him (the other 6% didn’t like any dogs or thought they smelled like cat). He gets a treat when we get to the office after we open mail and then we walk around outside the building (security sweep). Charlie gets to read his P-Mail. We come inside and he stations himself under my desk until clients arrive.” Wm. Kirby Mouser
the following conduct has not been sufficient to establish incompetency:
It was shown that she possessed a great fondness for pets, particularly cats and dogs, and that she kept a good many of these about her, and talked to them in a childish way … 3
The importance of pets in the practices of our very members is revealing as their stories and photos in this special edition reveal. Animals indeed have a special place in the law and in our lives, and this special edition hopes to accentuate that sentiment.
Endnotes:
1. Siegel v. State, 2021 Ark. 228, 635 S.W.3d 313. 2. Pennebaker v. Furry Feet Retreat, Inc., 2021 Ark. App. 138, 620 S.W.3d 879. 3. Beaty v. Swift, 123 Ark. 166, 184 S.W. 442, 443 (1916). In fact, more recently, the Arkansas Supreme Court seemed to hold that leading an imaginary dog and talking to a little green man was not, in and of itself, sufficient evidence of insanity to avoid criminal responsibility. Hill v. State, 249 Ark. 42, 46, 458 S.W.2d 45, 48 (1970). ■
Elijah Cummins with his cat Newton
“During the classes that were entirely online, Newton helped me stay sane. He would always sneak around my computer (off-camera) and demand attention.”
William J. Ogles and his dog Prince Louis
“Louis loves coming to the office and helping his dad work on cases, and is a great listener. Louis joins his dad’s strongly held belief in zealous representation for all clients…except when it comes to the mail man.”
Tonisha “Toni” Cox and her dog Mr. Brown
“Mr. Brown is a major stress reliever. He’s always happy to see me, and he’s my audience for my trial team rehearsals. He’s a great listener.”
Mary Claire McLaurin and her dog Lola Pearl
“To my family’s dismay (or maybe disgust?), I make up songs about her and regularly and loudly proclaim that she is my best friend. Dogs are natural stress relievers and the perfect excuse to exchange a work project for the outdoors. What else am I gonna do with the money I make, but spend it on dog treats?”
LaPorte-Jenner family with dogs Tony and Zoey“ “The LaPorte-Jenner household is full of attorneys, so our dogs Tony and Zoey always dress sharp in case they have to make a court appearance. Tony is well versed in Fourth Amendment searches through our garbage, and Zoey is our general Zoe-counsel.”
Lori D. Howard’s dogs Moxie Loo and Mollie Sue
“They are always there—always giving me kisses or letting me hug them when I need them most! They are my most wonderful office assistants, paid in cookies and treats. I sometimes bring them as well when I am going to meet with kids in my office, serving as an ad litem, and they have been helpful in keeping some of my kid clients calm.”
Deborah Bliss’ dogs Delilah, Jensen and fosters
“Having dogs around is an antidote to the stress that can build up from wrangling with the law.”
Cathy Underwood's “associates” Daisy, Paddi and husband Glen Nicole Winters’ cats Calli and Zella
Karen K. Hutchins’ dogs Teddy and Winston
Ashley Stepps’ dog Gizmo Skye Martin and her dog Indy
Lauren Spencer’s dog Rosebud Leslie Copeland’s cat Emma
Caroline Kelley’s dog Louis in his office uniform
Fred and Sharon Ursery with their dogs
“When I was to be featured in The Arkansas Lawyer as bar President my law partner Kevin Crass said ‘just make sure they don’t mention your dogs.’ I told that to Don Hollingsworth and he had this fake cover made up and our office staff delivered this fake to Kevin complete with his mailing label. He fell for it hook, line and sinker.” Fred Ursery
Jennifer Davis’ dogs Arlo and Kimber
“They absolutely keep me sane! No matter how long the day, how unhappy the client, or how frustrating practice can be, they are always thrilled when I walk in the door. They always provide me love and support. Everyday I strive to be the person my dogs believe I am.”
George Carder and his Boxer, Juris
“Please meet Carder Law Firm’s “Chief of Security,” Juris Prudence. She filled our home and office with love and protection. Juris had her favorite clients and was always so happy to see them. Adoptions were her favorite. She loved little people. Juris crossed The Rainbow Bridge in 2017 after dedicating 10 years of her life for us. Rest In Peace sweet girl.”
John V. Phelps’ dog Daisy Jo
“I hope there is a quantum dimension somewhere close where all dogs go when they pass. They gather up, frolic, and laugh but periodically glance back over their shoulders at those of us they left. Somehow along the way, their spirits blend. Later a part of each comes back into our lives. Just a part, a sometimes glance of recognition, a sideways smile, and a lick of eternity’s hope. This is my beloved dog, Daisy Jo. But now and again she is Lady, Bella, Prissy, and Jake. Dogs are ours forever.”
Rachel Moore and her dog Benny
(Featured on cover)
“Mini goldendoodle, Benoit (Benny) Sauvignon Blanc, attorney at paw. Due to potty training, he comes to work with me most days. While I was nervous at first about how he would behave in the office and whether he would be a distraction, he’s actually come to be the most popular employee in the building! In a high-stress job, he is a calming presence—a great comfort to not only the office staff, but also our clients. He’s basically our emotional support puppy. I highly recommend getting an office dog!”
