Jan Trendowski: Judges Can Sentence Abusers To Care For Injured Creatures
6) Rescue groups and Animal Control Officers can devote their resources to other animals in need.
7) The defendant can propose an animal trust as restitution to avoid or reduce jail time.
The primary hurdle to this point in time is that trust and estate law, like many areas of the law, is a specialty. Further, like many specialties, there is little crossover between practitioners in different areas. Trust and estate lawyers generally don't represent criminal defendants, and criminal defense attorneys have little interest in drafting trust agreements.
To resolve this issue, attorneys Jeannine Wyszkowski, of Hudson & Kilby, and Elizabeth Leamon, of Murtha Cullina, generously volunteered their time and expertise to create a draft animal trust specifically intended to be used as a sentencing alternative. Both attorneys are well-versed with trusts and; unfortunately, the ones who benefit from their work will never be able to thank them. Needless to say, the trust needs to be tailored to specific circumstances, but it is an excellent starting point.
For a copy of the draft Animal Trust for Sentencing, please contact Elizabeth McLaughlin at emclaughlin@TrendowskiLaw.com.