Legal Question in Appeals and Writs in California

Re: How would you appeal laws that allow ''wild animals'' to be killed when they

Perhaps unfortunately, it is not possible to "appeal" individual cases of wild animals facing euthanasia after a bite or attack, because no human usually has standing (a sufficient personal interest in the outcome) to file a lawsuit. There is an appeals process for owners of allegedly vicious dogs. There have also been public protests over proposed organized kills (e.g. rabbits in Seal Beach). There are laws on the subject, search the Cal. Civil Code and Fish & Game Code on www.leginfo.ca.gov or at your local library. You could also write your state senator or assemblymember, write a letter to the editor of your local newspaper, or join an animal rights group. However, it is not clear that most Californians share your viewpoint. It is also certain that if State Fish and Wildlife officials, or a creature's owner, chose not to kill it, and it again attacked a human, they would be sued.

Re: How would you appeal laws that allow ''wild animals'' to be killed when they

Only the decisions of courts and some administrative bodies can be appealed; there is no way to appeal a statute. There are, however, other ways a statute can be challenged.

In many instances it is possible to file a lawsuit challenging the legitimacy of a law. In order to win such a suit you would need to show that the state has no authority to pass such a law; this generally means you have to show a conflict with either the state or federal constitutions. If you are challenging a regulation issued by a state agency, you could also succeed by showing it conflicts with a statute or court decision.

Challenges which essentially argue that the legislature or agency made a bad decision and that they should have done something else instead will always fail. It is the legislature's job -- or that of an agency to which it has delegated its authority -- to make these decisions. There will always be people who disagree, and if courts could force a change in the laws then they would be usurping the authority of the people's elected representatives. Courts can strike down laws or regulations when they are illegal but not when the judge merely believes they are unwise.

Trying to have a law repealed or amended if often a more effective way to challenge it than in the courts. You can start this process by contacting your state assemblyman or senator and explaining why you think the current law is flawed and how you think it could be improved. If your representative agrees he or she may begin the process of having the law changed.

Of course, this will only happen if your argument is persuasive. I sympathize with your view that animals should not be punished for doing what they naturally do, but I also sympathize with people who live near an animal which has proven to be a threat to human life. I don't believe you will persuade the state to take a "hands off" policy toward such animals.

Re: How would you appeal laws that allow ''wild animals'' to be killed when they

Besides contacting your local (city and county and state) elected representatives, there are numerous "amimal rights" groups and organizations. Search the net for them, and joining with others who are already organized may enable your ideas to be effectuated.

If you mean challenge or attack a law by "appealing" it, a lawyer familiar with animal rights might file a taxpayer suit or other action if there is a flaw in the particular statute or ordinance in question.