Comfort dogs in court do opposite for some defenders, judges

HARTFORD, Conn. (AP) — As dogs and other animals are increasingly used in courts to comfort and calm prosecution witnesses, a few voices are calling for keeping the practice on a short leash, saying they could bias juries.

The use of dogs in courts has spread quickly across the U.S. amid a growing number of laws and rulings in its favor — and, outside of the legal world, a significant increase in the use of emotional support animals by the public.

There are now more than 155 “courthouse facility dogs” working in 35 states, compared with 41 dogs in 19 states five years ago, according to the Courthouse Dogs Foundation in Bellevue, Washington. And that’s not counting an untold number of “emotional support dogs” that have been allowed case by case in many states. Many witnesses have been child sexual assault victims.

There has been a divide among judges, however, with some not allowing dogs because of potential bias against defendants. And many defense lawyers don’t like the practice.

Having dogs and other emotional support animals in the witness box can illegitimately boost witness credibility and prejudice juries against defendants, Denver defense lawyer Christopher Decker argues. He has unsuccessfully fought the use of dogs in criminal trials several times.

“I think it distracts the jurors from what their job is, which is to determine the truthfulness of the testimony,” Decker said. “It tends to imply or infer that there has been some victimization. It tends to engender sympathy. It’s highly prejudicial.”

Facility dogs are trained to provide companionship without disruption in courthouses, prosecutors’ offices and other legal settings. They work at courthouses all day, then go home with their handlers. Emotional support and “therapy” dogs are pets that can be registered with organizations and may or may not have been specially trained.