RC: In 1890 New York legislation autho- rized the governor to appoint commission- ers 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 commission- ers to meet to develop uniform laws on sub- jects where uniformity would be wise. Sev- en states sent delegates to an initial meet- ing in Saratoga, New York, in 1892, and Uni- form Law Commission was born. Vermont has participated since 1895. Today, most states have a statute that regulates the ap- pointment of uniform law commissioners. All fifty states, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands appoint com- missioners.
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 consider- ation for the Commission is whether there is a real need for state law on a particular sub- ject to be the same or similar and wheth- er an act would be widely acceptable. We don’t necessarily expect that every jurisdic- tion will adopt a uniform act, but it is time consuming and expensive to develop one, and it would not be successful unless wide- ly adopted or an important influence on the law.
BP: I have been asked a question in the State House: What is the difference be- tween an ABA drafted Model Act and a Uniform Act Proposal? RC: The ABA doesn’t have a singular rou- tine 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 Busi- ness Law Section takes the lead in draft- ing model business corporation statutes. The ULC also has a “Model Act” designa- tion. It produces occasional model acts and a regular stream of uniform acts. The ma- jor distinction is whether there is a need for uniformity. If there is, a project is designat- ed 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
BP: Who are the other current commis- sioners? RC: Carl Lisman is the chair of our del- egation. 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 exam- ple, served as treasurer of the Commission from 2003 through 2005 and is now the chair of the Uniform Law Foundation. Pe- ter 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 aca- demic perspective to our delegation. Ted Kramer from Brattleboro was appointed in 2000 and coordinates ULC legislative activ- ity in the Northeast. As the head of the Ver- mont 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 Chica-
go
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
statute provides that the governor appoints four lawyers to five-year terms as commis- sioners. 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 mem- ber. The constitution also provides that the principal officer of each state’s legislative reference bureau, or alternate, is an associ- ate member. So Vermont has six members.
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 life- time member? RC: I could request life membership, but I won’t right away.
Interview with Rich Cassidy
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36