Vermont Bar Journal
Fall 2007 - #9.
Uniform Law Commission Concludes 116th Annual Meeting
THE VERMONT BAR JOURNAL FALL 2007
Uniform Law Commission Concludes 116th Annual Meetingby Richard T. Cassidy, Esq.
At its 116th Annual Meeting in Pasadena, California, the National Conference of Commissioners on Uniform State Laws (NCCUSL) approved four new acts dealing with issues ranging from the problems of resolving multi-state jurisdictional disputes over adult guardianships to new rules addressing the timely issue of discovery of electronic information. Vermont commissioners were joined by more than two hundred lawyers, judges, law professors, legislators, and government attorneys appointed in their respective jurisdictions to serve as uniform law commissioners. Uniform law commissioners are appointed by every state, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. The commissioners draft proposals for uniform laws on issues where disparity between the states is a problem. Commissioners receive no salary or fee for their work with the Commission.
As they have done each year since 1892, uniform law commissioners gathered for a full week to discuss--and debate line by line, word by word--legislative proposals drafted by their colleagues during the year. The four acts approved in California are now available for state enactment.
The new Uniform Adult Guardianship and Protective Proceedings Jurisdic-tion Act addresses the issue of jurisdiction over adult guardianships, conservatorships, and other protective proceedings. Because there are more than fifty guardianship systems in the United States, problems of determining jurisdiction are frequent. This act provides an effective mechanism for resolving multi-state jurisdictional disputes. This new act contains specific guidelines to specify which court has jurisdiction to appoint a guardian or conservator for an incapacitated adult. The objective is that only one state will have jurisdiction at any one time.
The Uniform Rules Relating to Discovery of Electronically Stored Information should bring up-to-date the state rules and statutes concerning discovery in civil cases. With the emergence of electronic technology, the extent to which individuals and institutions store or maintain information in an electronic form has clearly increased since the...