Courtrooms are stressful places and something to ease the tension is not to be sneezed at. The National Party’s Courts spokesperson, Chris Penk MP, has floated the idea that the courts should have therapy dogs available for children and vulnerable people participating in the system.

“It can often be a traumatic experience for victims participating in the courts system. In some cases they are facing someone who committed crimes against them, in other cases it can be parents fighting for custody over children. These can be stressful and emotional situations.”

I wondered if this was serious. 

But then I recalled an oddity from a classic law article, “Quackery and Contract Law” (1985) 14 Journal of Legal Studies345, written by the renowned legal historian, Prof Brian Simpson. In his meticulous reconstruction of the famous contract law case, Carlill v Carbolic Smoke Ball Company, Prof Simpson noted that at the first instance trial, [1892] 2 QB 484, the judge was Sir Henry Hawkins, who was “assisted by his fox terrier Jack, who always sat on the bench with him.” (“Quackery” article at 362).

If it is good enough for a judge then perhaps it ought to be good enough for litigants, victims or witnesses?

I wondered then would the trial participants get to bring their own dogs? Some regulars, so to speak, could bring their trusty pit-bull terriers or rottweilers, but then that might have a certain intimidatory element. Or would those in need of courtroom solace have to make do with the court-approved dog? In the same press release Mr Penk paid respect to one venerable canine, viz

“Louie, the Tauranga District Court Dog, was a much loved and hardworking Court therapy dog, and many people appreciated having him near. Unfortunately, he passed away last year.”

Jack, Justice Hawkin’s trusty bench companion, was granted an obituary in the Illustrated London Newsfor 15 December 1984. Louie, in this electronic age, must make do with a pithy blog eulogy.

If dogs be allowed, then, in the interests of legal neutrality, could cats be called into service too? (I had thought about hamsters, but they are not permitted in New Zealand). Felines tend to have a mind of their own and training them is akin to herding, er…cats. But with a titbit or two they might be corralled into service.

I think the proposal has promise. Overseas, courtroom dogs have been used in the United States and Australia. There is a Canine Court Companion Programme in NSW and ACT. Meanwhile, a retired judge might be recruited, pro bone, to look further into the feasibility of the proposal…perhaps Sir Ian Barker?