BP: Does Vermont have a statute?
RC: Yes, 2 V.S.A. §§ 201-204.
BP: So, who makes the decision about
what statutes should be uniform across the
states?
RC: Initially, the Commission, but then it
is up to the states. Some uniform acts have
been adopted in all the states, the Uniform
Commercial Interstate Family Support Act
being a recent example, but some have not
been adopted anywhere. One consideration for the Commission is whether there is
a real need for state law on a particular subject to be the same or similar and whether an act would be widely acceptable. We
don’t necessarily expect that every jurisdiction will adopt a uniform act, but it is time
consuming and expensive to develop one,
and it would not be successful unless widely adopted or an important influence on the
law.
BP: I have been asked a question in the
State House: What is the difference between an ABA drafted Model Act and a
Uniform Act Proposal?
RC: The ABA doesn’t have a singular routine for drafting legislation. It does draft
from time to time, and there are some areas
where its sections have taken on that role as
a regular function. For example, the Business Law Section takes the lead in drafting model business corporation statutes.
The ULC also has a “Model Act” designation. It produces occasional model acts and
a regular stream of uniform acts. The major distinction is whether there is a need for
uniformity. If there is, a project is designated as a uniform act. If not, but it would be
useful to do a project to advance the law,
ULC procedures allow the development of
a model act.
BP: How many ULC Commissioners does
Vermont have?
RC: That depends on how you count. Our
www.vtbar.org
statute provides that the governor appoints
four lawyers to five-year terms as commissioners. But the ULC constitution says that if
you have been a member of the conference
for twenty years, you can be extended life
membership. Peter Langrock is a life member. The constitution also provides that the
principal officer of each state’s legislative
reference bureau, or alternate, is an associate member. So Vermont has six members.
Interview with Rich Cassidy
RC: In 1890 New York legislation authorized the governor to appoint commissioners to ”consider whether it would be wise
and practicable … to invite the other States
…” to send representatives to a uniform
laws convention. The ABA then resolved
that the states should appoint commissioners to meet to develop uniform laws on subjects where uniformity would be wise. Seven states sent delegates to an initial meeting in Saratoga, New York, in 1892, and Uniform Law Commission was born. Vermont
has participated since 1895. Today, most
states have a statute that regulates the appointment of uniform law commissioners.
All fifty states, the District of Columbia, the
Commonwealth of Puerto Rico, and the
United States Virgin Islands appoint commissioners.
BP: When were you appointed?
RC: I was appointed by Governor Dean
in 1994.
BP: 1994. So you’re coming on twenty
years?
RC: That’s right.
BP: And then will have that status of lifetime member?
RC: I could request life membership, but
I won’t right away.
BP: Who are the other current commissioners?
RC: Carl Lisman is the chair of our delegation. Carl was appointed in 1977, but
has never taken life member status. Carl
has been a very influential member of the
Uniform Law Commission. One point that
I wanted to make in this interview is that
Vermont has traditionally had an active
and influential delegation. Carl, for example, served as treasurer of the Commission
from 2003 through 2005 and is now the
chair of the Uniform Law Foundation. Peter Langrock was appointed in 1967. Peter
was vice-president of the Commission from
2003 through 2005. Stephanie Willbanks is
a Vermont Law School professor and was
appointed in 2001. She has given an academic perspective to our delegation. Ted
Kramer from Brattleboro was appointed in
2000 and coordinates ULC legislative activity in the Northeast. As the head of the Vermont Legislative Council, Luke Martland is
an associate member, ex officio.
BP: Are these appointments based on a
specialty in the law?
RC: The governor is free to appoint any
lawyer.
BP: Where is the commission is based?
RC: Our staff is headquartered in Chicago
BP: Let’s talk about how it actually works.
What does it mean to be a commissioner?
What is your workload?
RC: Fundamentally, the ULC operates
through committees. We have several kinds
of committees. Our joint editorial boards
are cooperative committees set up with
other entities, such as the ABA and the
American Law Institute, to track the law on
THE VERMONT BAR JOURNAL • WINTER 2014
15