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The Oregon Court of Appeals has upheld a forfeiture order stripping Bob Stirton of legal title to 31 dogs seized from him after Stirton was accused of neglecting the animals.
However, the appeals court found that the county was improperly awarded $11,013 to pay for the cost of keeping the dogs at the Saving Grace Animal Shelter for several months while the court cases were heard.
Stirton, who represented himself before the Court of Appeals, claimed Russell Trump, justice of the peace for the Drain Justice Court, lacked authority to order the forfeiture of the dogs.
Under state law, a court handling a criminal case involving mistreatment of animals also has jurisdiction over civil forfeiture of those same animals.
"In this case, the justice court was 'the court' before which the criminal action was pending on the animal neglect charges," wrote Judge Jack L. Landau in the decision by a three-member panel. "Therefore, that court was authorized to order forfeiture of the animals."
The animals were seized Dec. 23, 2003, after animal control officers alleged the dogs weren't receiving adequate care. They were removed from a rural property in Curtin and housed for nine months at the Saving Grace shelter in Wilbur. The animals were eventually adopted out.
Stirton also argued in briefs filed with the Court of Appeals that Douglas County lacked standing to be awarded the animal care costs. The award was made by Douglas County Circuit Judge Joan Seitz during a writ of review hearing where Stirton had appealed the Justice Court decision.
The writ of review action was brought against Trump. Because the county was not a party to that action, it could not benefit from an award, the Court of Appeals ruled.
Last fall, Mary Deitz, who was then chief judge for the Court of Appeals, dismissed Stirton's appeal before the court. She ruled that Stirton failed to properly serve notice of the appeal to the county. Instead, he served Trump.
In January, David Brewer, who took over as chief judge after Deitz retired, reinstated the appeal. The court cut Stirton some slack since he isn't an attorney.
Last December, Stirton's criminal conviction on 31 counts of animal neglect was overturned. Circuit Judge William Lasswell dismissed the charges after ruling that evidence collected in the case was improperly obtained. Lasswell ruled animal control deputies from the Douglas County Sheriff's Office should have obtained a search warrant before going onto the property and removing the dogs.
* You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.
However, the appeals court found that the county was improperly awarded $11,013 to pay for the cost of keeping the dogs at the Saving Grace Animal Shelter for several months while the court cases were heard.
Stirton, who represented himself before the Court of Appeals, claimed Russell Trump, justice of the peace for the Drain Justice Court, lacked authority to order the forfeiture of the dogs.
Under state law, a court handling a criminal case involving mistreatment of animals also has jurisdiction over civil forfeiture of those same animals.
"In this case, the justice court was 'the court' before which the criminal action was pending on the animal neglect charges," wrote Judge Jack L. Landau in the decision by a three-member panel. "Therefore, that court was authorized to order forfeiture of the animals."
The animals were seized Dec. 23, 2003, after animal control officers alleged the dogs weren't receiving adequate care. They were removed from a rural property in Curtin and housed for nine months at the Saving Grace shelter in Wilbur. The animals were eventually adopted out.
Stirton also argued in briefs filed with the Court of Appeals that Douglas County lacked standing to be awarded the animal care costs. The award was made by Douglas County Circuit Judge Joan Seitz during a writ of review hearing where Stirton had appealed the Justice Court decision.
The writ of review action was brought against Trump. Because the county was not a party to that action, it could not benefit from an award, the Court of Appeals ruled.
Last fall, Mary Deitz, who was then chief judge for the Court of Appeals, dismissed Stirton's appeal before the court. She ruled that Stirton failed to properly serve notice of the appeal to the county. Instead, he served Trump.
In January, David Brewer, who took over as chief judge after Deitz retired, reinstated the appeal. The court cut Stirton some slack since he isn't an attorney.
Last December, Stirton's criminal conviction on 31 counts of animal neglect was overturned. Circuit Judge William Lasswell dismissed the charges after ruling that evidence collected in the case was improperly obtained. Lasswell ruled animal control deputies from the Douglas County Sheriff's Office should have obtained a search warrant before going onto the property and removing the dogs.
* You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.
