Here is what was presented in 2015:
2015 Texas Animal Law Seminar
For Owners, Rescue Organizations, the Fancy, Animal Professionals, Animal Clubs, Pet Business Owners & For the Love of Dogs, Cats and All Animals
2015 Agenda:
There are some recent, ground-breaking cases that provide interesting examples of how our legal system is evolving to address issues with animals. Kara Kaufman sues Dr. Elaine Kmiec over an ownership dispute over 3 Collies which ultimately turned into the second largest Collie seizure in the U. S. of over 150+ dogs. Kristen Lindsey, D.V.M. shot a cat in the head with an arrow and proudly displays her kill on Facebook saying she would gladly accept vet of the year award.
The presenters in the Texas Animal Law Seminar are not just talking about animals in the law. They actually practice law in the areas of their topics, and have firsthand involvement in these novel and precedent-setting cases amongst others. Join us for a day of learning how the law treats animals and how it is changing to reflect our regard of our pets as family members.
Every attendee will receive written seminar materials and a copy of Patricia Guter’s new book. What’s more, there will be prizes!
Accredited for continuing education by:
State Bar of Texas (6.5 Participatory/0.75 Ethics)
Texas Department of Health Services for Animal Control (6.5 Hours)
Texas Commission on Law Enforcement for Peace Officers 6.5 Hours (as requested by attendee)
Texas Board of Veterinary Medicine (5 Hours Practice Management-Veterinarians/ 5Hours LVT)
Texas Bar of Texas Paralegal Division (6.5 Hours)
Legal Methods for Funding for Non-Profits
Patricia Guter, J.D., C.F.P.
- How can you get funding for your animal rescue organization or animal club?
- What if the donor does not have money but owns a valuable car or jewelry?
- How can organizations be on the receiving end of valuable non-cash assets?
Ms. Guter, author of the cleverly entitled “Get Your Head Out of Your Assets” will address all these issues and more. Ms. Guter is an attorney and financial planner. All attendees will get a copy of Ms. Guter’s book which is an informative book written so that you don’t have to be a CPA or attorney to understand it.
Ownership Issues
Zandra Anderson, J.D.
- So, your dog got out. Is it finders keepers, losers weepers in Texas?
- Is the law different depending on who finds your dog (private citizen, rescue organization, animal shelter or animal control)? Lira v. Greater Houston German Shepherd Rescue, Inc., pending in the Texas Supreme Court, addresses some of these issues so come find out what’s going on in that case and others.
- Does a microchip guarantee you will get your dog back? Why are microchips sometimes a dilemma for veterinarians, rescue organizations and animal shelters?
- What happens if your boyfriend or girlfriend takes off with your dog or the dog you got together as a couple?
- How did 3 Collies owned by Ms. Kaufman turn into a seizure of 150+ Collies? The Kaufman v. Kmiec case is a fascinating case in which a dispute of ownership of 3 dogs in a state court case turned into 150+ Collies in a bankruptcy proceeding involving Dr. Kmiec.
Ms. Anderson is an attorney in both the Lira and Kaufman (for Ms. Kaufman) cases. She has also handled numerous other animal ownership cases some of which will be included.
Animals in the Bankruptcy Code
Famose Garner, J.D.
- What are the implications for animal owners in bankruptcy proceedings?
- Why did the saga of the 3 Collies continue in the bankruptcy courts in the Kaufman v. Kmiec case?
- How did a bankruptcy courts turn 3 dogs into 150+ dogs and add 11 cats to the equation for good measure?
- How did a case about dogs result in a civil defendant being ordered to wear a GPS monitoring device? Are there constitutional rights involved?
All of these pressing questions and more will be answered by Mr. Garner regarding the precedent setting case of Kaufman v. Kmiec. Mr. Garner is the federal bankruptcy attorney in the Kaufman case (represents Ms. Kaufman).
Animal Cruelty: Civil & Criminal
Zandra Anderson, J.D.
- How did the saga of the 3 Collies in Kaufman v. Kmiec continue on to the state criminal courts? Were criminal animal cruelty charges filed?
- Is the law different in a civil cruelty seizure than in a criminal cruelty case?
- Did Texas veterinarian Kristen Lindsey, D.V.M. who shot a cat in the head with an arrow and then posted it proudly on Facebook escape criminal charges?
- Will there be any professional disciplinary action for Lindsey? Come find out what happened in this case that set social media on fire in the U.S. and around the world and shut down her employer’s website.
An analysis and comparison of Texas law in civil animal cruelty seizures and criminal animal cruelty will be provided using these current ground breaking cases and more. Ms. Anderson represents Tiger’s Justice Team composed of multiple complainants dedicated to seeking justice for Tiger, the pet cat that was killed in the Lindsey case. She recently participated in the settlement conference conducted by the Texas Board of Veterinary Medical Examiners in the Lindsey case. She is also counsel in Kaufman v. Kmiec in the state court proceedings.
Establishing Animal Cruelty for Civil Seizures & Criminal Charges
Diane Platts, D.V.M., M.S.; Kim Schoolcraft; Vickey Willard
- How do animal cruelty cases get started in the legal process?
- What does it take to substantiate a case for animal cruelty?
- What are the roles of law enforcement, animal control, rescue organizations and veterinarians in documenting a case for animal cruelty?
This topic addresses how animal cruelty is established before, during and after a seizure and the documentation by veterinarians, animal control and rescue organizations necessary to establish the elements of cruelty both in a civil seizure and criminal animal cruelty. This subject will explain how a cruelty case is started, substantiated and prosecuted.
Dr. Platts is the Regional Strategic Veterinarian for the South Central Region of the United States for Zoetis, an animal health corporation and a relief veterinarian at a local animal hospital. She provides educational lectures and programs for six Colleges of Veterinary Medicine and her experience has included emergency veterinary care and being Chief of Staff at a local animal hospital. Dr. Platts will explain how to establish the elements of animal cruelty by a veterinarian.
Kim Schoolcraft is the Animal Services Manager for League City, Texas. She was formerly the Services Manager for the Galveston County Health District where she is credited for making many positive changes for the animals while at the facility. . Of note, when Ms. Schoolcraft worked in Galveston, she was instrumental in the Whiskerville Cat Sanctuary seizure of 195 cats (168 live and 27 dead) on January 3, 2012. Ms. Schoolcraft will explain the role of animal control in cruelty cases.
Vickey Willard is president of Houston Collie Rescue that was the recipient of over 150 dogs in the second largest Collie seizure in the United States. She coordinated the initial triage, vetting and documentation that resulted in finality of the civil seizure and four charges of criminal animal cruelty.
Estate Planning for Pets & Animal Organizations as Beneficiaries
Stacy Kelly, J.D.
We’ve all seen those tragic emails about a pet owner dying and their animals are being parsed out to people willing to adopt them. But can you decide who will get your pets if the need arises? Can you provide that all your pets stay together in a will?
- Do you have to be Leona Helmsley to have a trust for your animals?
- What happens if your animal organization is the beneficiary in someone’s will or trust?
Ms. Kelly will answer all these questions and more. Her topic addresses how to provide for your pets in estate planning and the issues that can arise when an animal organization is the beneficiary in someone’s will. She has represented numerous animal organizations that are fortunate to be beneficiaries in a will as well as individual pet owners who want the good care they provide for their pets to continue in the event of their demise.
Family Law & Pets
Sam M. (Trey) Yates, III, J.D.
- How do you split Fido in a divorce when both spouses want him?
- Can you have joint custody of Fido and will the courts enforce these agreements?
- Can Fido follow the kids in a joint custody agreement for the children?
- Can you guard pets from an abusive spouse in a protective order just like you can for children?
- What if your soon to be ex-spouse wants Fluffy and he was your cat before you were married?
- What if you aren’t married and your soon to be ex-significant other wants FiFi the ferret you both picked out but so do you?
Mr. Yates, a Board Certified Family attorney, will address how pets are handled in divorce, child custody cases, protective orders for pets, and how to guard separate property rights in pets in marriage and relationships between unmarried couples.
Liability of Owners/Possessors for Animals
Donal McRoberts, J.D.
- What happens if your dog gets out and in excitement jumps on someone but only scratches the person? Is it different if your dog bites?
- What if your dog bites another dog or a cat?
- Can a rescue organization be liable at an adoption event if a dog nips someone? What if it was a cat that bit someone?
- Can a veterinarian or other pet professional be liable if an animal in their care bites?
- What happens if Brutus gets out and does not hurt anyone but tears up the neighbor’s lawn furniture?
Mr. McRoberts’ practice includes liability issues arising from animals that cause injuries. He will address liability issues for owners and possessors.
Texas Animal Law Seminar (since 2006)
2015 Speaker Bios (in order of appearance):
Patricia Guter, J.D., C.F.P.
Ms. Guter is a licensed attorney (Washington, D.C.) and certified financial planner. She is the author of a book released in February of 2015 regarding turning assets into charitable gifts cleverly entitled “Get Your Head Out of Your Assets.” Ms. Guter is engaged in financial planning and is interested in aiding not for profit corporations particularly those dedicated to animal welfare in the legal avenues for funding with non-cash assets. She is the pet parent to Stella, Stanley and Oliver, kitties she and her husband adopted from BARC (Houston’s Animal Shelter).
Zandra Anderson, J.D.
Ms. Anderson is a trial attorney who has dedicated her practice to animal law for the past eleven years. She handles animal cases involving ownership disputes, dangerous dog determinations, animal cruelty, civil animal seizures, contract issues, liability issues for animal owners and animal professionals and is an advocate at the state and local levels for animal friendly legislation. She is licensed in Texas and Colorado. Ms. Anderson shares her home with her two American Staffordshire Terriers, Zeus and Zena, ZSmooch, an American Bulldog Mix and Kabe (the little Devil Dog) all rescued dogs now living the good life. Ms. Anderson exhibits her dogs in tracking, nose work, obedience and rally.
Famose Garner, J.D.
Mr. Garner is a trial attorney focusing on bankruptcy matters. Mr. Garner owns a law firm based in Houston, Texas and he is admitted to practice in all state and federal courts in Texas as well as military courts martial. He also has participated in client matters in Washington, D.C. and Virginia. He proudly serves as a judge advocate in the United States Army Reserve. Mr. Garner served as a law clerk to the Honorable Jeff Bohm, Chief United States Bankruptcy Judge. Mr. Garner will receive a puppy as his speaker gift for his kids (just kidding but we are working on it).
Diane Platts, D.V.M., M.S.
Dr. Platts is the Regional Strategic Veterinarian for the South Central Region of the United States for Zoetis, an animal health corporation. She provides educational lectures and programs for six Colleges of Veterinary Medicine and her experience has included emergency veterinary care and being Chief of Staff at a local animal hospital. She is currently also a relief veterinarian at a local animal hospital.She is a graduate of Texas A&M University and has her Master’s degree in Animal Science from the University of Massachusetts. She is a candidate for her M.B.A. from the University of Houston in 2018. Dr. Platts has been a puppy raiser for the Hearing Ear Dog Program and the Medical Director for Bay Area Pet Adoptions. She resides with her three black and white kitties.
Kim Schoolcraft
Kim Schoolcraft is the Animal Services Manager for League City, Texas. She was formerly the Services Manager for the Galveston County Health District where she is credited for making many positive changes for the animals while at the facility. Of note, when Ms. Schoolcraft worked in Galveston, she was instrumental in the Whiskerville Cat Sanctuary seizure of 195 cats (168 live and 27 dead) on January 3, 2012. Ms. Schoolcraft will explain the role of animal control in cruelty cases.
Vickey Willard
Ms. Willard is the president of Houston Collie Rescue that was the recipient of over 150 dogs in a Collie animal seizure, the second largest Collie seizure in the United States. She is knowledgeable about the documentation in the field necessary for meeting the legal requirements in a criminal animal cruelty case including veterinary assessment, photographs, initial triage, proper assessment and presentation that will suffice for a district attorney in an animal cruelty case. Ms. Willard and her organization has participated in other seizures as well. She resides with her beloved Shelties, Journey, Cassidy, Trucker and puppies Dreamer and Keeper. Her dogs are actively being shown in conformation, agility and obedience and participate in animal assisted therapy work.
Stacy Kelly, J.D.
Ms. Kelly is a trial attorney with the law firm of Galligan & Manning and she is a certified Attorney Ad Litem and Guardian Ad Litem for the Probate Courts. She has represented trustees, administrators, executors, beneficiaries and guardians in litigation concerning trusts, wills, gifts, estates and guardianships. Her practice also includes probate administration, heirship proceedings, guardianship matters, estate planning and taxation. Ms. Kelly is an experienced estate litigator and has handled high profile estate contests. She has also represented notable animal organizations in probate matters. Ms. Kelly resides with her two dogs, Turbo, a Labrador Retriever Mix, and Choctaw, a Chow-Lab Mix and her three cats, Boomerang, Batman and Peta.
Sam M. (Trey) Yates, III, J.D.
Mr. Yates, is a family law trial attorney in private practice in Houston, Texas whose practice is dedicated exclusively to assisting families in time of transition whether that be by divorce, seeking of custody of a child, or the death of a loved one. He is Board Certified in Family Law by the Texas Board of Legal Specialization. Mr. Yates has been representing citizens of Harris, Fort Bend, Brazoria, Montgomery and Galveston counties since 1986 primarily in the area of complex family law matters and probate/guardianship litigation. He shares his home with beloved Scout, a Yorkie, who he adopted from a local rescue organization.
Donal McRoberts, J.D.
Mr. McRoberts is a trial attorney with an emphasis in personal injury cases. He is an associate attorney with the Willumsen Law Firm. Mr. McRoberts handles liability cases involving dogs and other animals and represents people in personal injury litigation throughout Texas and across the United States. His firm maintains offices in Katy and Houston. Mr. McRoberts and his family reside with Carlos, his very cool English Bulldog.