The Uniform Law Commission (ULC), also called the National Conference of Commissioners on Uniform State Laws,[3] is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states (plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands) with well-researched and drafted model acts to bring clarity and stability to critical areas of statutory law across jurisdictions. The ULC promotes enactment of uniform acts in areas of state law where uniformity is desirable and practical.[4] The ULC headquarters are in Chicago, Illinois.
The ULC consists of approximately 350 commissioners, each appointed by the government of a U.S. state, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands.
Every ULC commissioner must be an attorney. Commissioners often concurrently serve as legislators, judges, or legal scholars.
Each jurisdiction determines the method of appointment and its number of commissioners. In most states, the governor appoints the state's commissioners to serve a specified term. In a few states, ULC commissioners serve at the will of the appointing authority and have no specific term. ULC commissioners are volunteers who do not receive salaries or other compensation for their public service.
Since the ULC first convened in 1892, it has produced more than 400 uniform acts. These acts focus on commercial law, family and domestic relations law, estates, probate and trusts, real estate, alternate dispute resolution, and many other areas of the law. Among the ULC's most widely adopted acts are the Uniform Commercial Code, the Uniform Anatomical Gift Act,[5] the Uniform Trade Secrets Act,[6] the Uniform Child Custody Jurisdiction and Enforcement Act,[7] the Uniform Interstate Family Support Act,[8] the Uniform Electronic Transactions Act,[9] the Uniform Transfers to Minors Act,[10] and the Revised Uniform Fiduciary Access to Digital Assets Act.[11]
The current ULC President is Timothy Berg of Phoenix, Arizona, the Chair of the ULC's Executive Committee is Lisa Jacobs of Philadelphia, Pennsylvania, and the Chair of the Scope and Program Committee is Steven Willborn of Lincoln, Nebraska. Daniel Robbins of Sherman Oaks, California, is the Immediate Past President.
History
ULC headquarters, Chicago
The uniform law movement began in the latter half of the 19th century. The Alabama State Bar Association recognized as early as 1881 that wide variations in law between separate states often created confusion. In 1889, the New York Bar Association appointed a special committee on uniformity of laws. In 1890 the New York Legislature authorized the then-Governor of New York, Roswell Flower, to appoint three commissioners "to examine certain subjects of national importance that seemed to show conflict among the laws of the several commonwealths, to ascertain the best means to effect an assimilation or uniformity in the laws of the states and territories, and especially whether it would be advisable for the State of New York to invite the other states of the Union to send representatives to a convention to draft uniform laws to be submitted for approval and adoption by the several states." The American Bar Association held its 12th Annual Meeting the same year and adopted a resolution recommending each state provide for commissioners to confer with the commissioners of other states on the uniformity of legislation on certain subjects.
In August 1892, the first session of the organization that became the Uniform Law Commission was held at the Grand Union Hotel in Saratoga Springs, New York. The gathering took place before the annual summer meeting of the American Bar Association, a tradition that continues. The gathering brought together delegates from seven states: Delaware, Georgia, Massachusetts, Michigan, New Jersey, New York, and Pennsylvania. They titled themselves the "Conference of the State Boards of Commissioners on Promoting Uniformity of Law in the U.S." By 1912, every state was participating in the Commission. The United States Virgin Islands was the last jurisdiction to join, appointing its first commissioner in 1988.
In each year of service, the ULC has steadily increased its contribution to state and territorial law. It quickly became known as a distinguished body of lawyers. In 1901, Woodrow Wilson became a member.[12] Several commissioners later became Justices of the Supreme Court of the United States: Louis Brandeis, Wiley Blount Rutledge, and William H. Rehnquist. Several noted legal scholars have also been members, e.g. John Wigmore, Samuel Williston, Roscoe Pound, and John Bogart. The distinguished membership of the ULC has helped to ensure the quality of its work and made it enormously influential.
In 1940, the ULC moved to dispel confusion in U.S. commercial law with a comprehensive solution. This project led the ULC to partner with the American Law Institute to create the Uniform Commercial Code (UCC). The Code took ten years to complete. After another 14 years, it had been enacted in every state. It remains the signature product of the Commission.
Since its organization, the ULC has drafted more than 300 uniform laws on numerous subjects and in various fields of law, setting patterns for uniformity across the nation. Today, the Commission is recognized primarily for its work in commercial law, family law, real property law, the law of probate and estates, the law of business organizations, health law, and conflicts of law; it rarely drafts regulatory law. Uniform acts include the Uniform Collaborative Law Act,[13] Uniform Probate Code, the Uniform Child Custody Jurisdiction Act, the Uniform Partnership Act, the Uniform Anatomical Gift Act, the Uniform Limited Partnership Act, and the Uniform Interstate Family Support Act.
The ULC has also experienced its share of spectacular failures. In the 1970s, the ULC dedicated an enormous amount of time and effort to the cause of comprehensive reform of U.S. real property law, which then and now varies dramatically from one state to the next. The ULC's generous and well-intended efforts were utterly futile; most of its Uniform Acts on the subject were never enacted in any state, and only bits and pieces were enacted in a handful of states.[14][15][16] However, the Uniform Partition of Heirs Property Act (UPHPA), which addresses one of the most pernicious causes of land loss in low-income communities, has been enacted in 18 states as of 2020,[17] and the Farm Bill passed in 2018 changed the law such that farmers in states that enact the UPHPA have increased access to federal loans and federally funded legal assistance.[18]
The ULC is called both the Uniform Law Commission and the National Conference of Commissioners on Uniform State Laws (still the legal name as of 2022[update]); the acronym "NCCUSL" was also formerly often used, but the organization itself now uses the acronym "ULC" instead.
Procedure for drafting and promulgating proposed uniform laws
"It must be emphasized that the [ULC] can only propose—no uniform law is effective until a state legislature adopts it."[19] Frequently, a state will make substantial variations when adopting a uniform act.[20]
Proposals for a new uniform act or model act are considered by the Committee on Scope and Program, which welcomes suggestions from the organized bar, state government entities, private interest groups, uniform law commissioners and private individuals. It may assign a suggested topic to a Study Committee, which reviews and researches the proposal and reports back to the Scope and Program Committee. Scope and Program sends its recommendations to the Executive Committee. If a recommendation to create or amend an act is approved, a Drafting Committee is selected and a reporter/drafter – an expert in the field – is hired. Advisors and participating observers are solicited to assist every Drafting Committee.
Draft acts are submitted for initial debate of the entire Commission at the ULC's Annual Meeting. Each act must be considered section by section at no less than two annual meetings by all commissioners sitting as a Committee of the Whole. The commissioners may offer amendments and corrections to the proposed act.
Once the Committee of the Whole approves an act, it is presented for a vote by the states. Each of the 53 state and territory delegations caucuses its members and casts one vote. The proposed act must be approved (1) by no fewer than 20 jurisdictions; and, (2) by a majority of the states and territories present before it is officially approved as a uniform or model act.
At this point, the act is officially promulgated for consideration by the states and territories. Legislatures are urged to adopt uniform acts exactly as written to "promote uniformity in the law among the jurisdictions adopting the act." Model acts are designed to serve as a guideline for legislation that states and territories can borrow from or adapt to suit their individual needs and conditions.
Once an act is adopted by the ULC, it is usually presented to the House of Delegates of the American Bar Association for its endorsement. Upon its endorsement, the ULC Legislative Council advocates adoption of the act in the various states and territories.
The work of the ULC simplifies the legal life of businesses and individuals by providing rules and procedures that are consistent from jurisdiction to jurisdiction. Representing both state and territorial government and the legal profession, it has sought to bring uniformity to the divergent legal traditions of 53 sovereign jurisdictions, and has done so with significant success.
The major portion of the ULC's financial support comes from state and territorial government appropriations. Expenses are apportioned among the member jurisdictions by means of an annual assessment based on population. The ULC budget is supplemented by publishing royalties and by grants to support specific projects from foundations or the federal government.
The ULC's minimal budget is sufficient because most of its legal expertise is donated by the commissioners. Commissioners devote thousands of hours—amounting in some cases to millions of dollars worth of time—to the development of uniform and model acts. No jurisdiction could afford the cost of this legal expertise on its own.
Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
In the United States, a uniform act is a proposed state law drafted and approved by the Uniform Law Commission (ULC), also known as the National Conference of Commissioners on Uniform State Laws (NCCUSL).
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UCC adoption by all 50 states, the District of Columbia, and the Territories of the United States.
A prenuptial agreement, antenuptial agreement, or premarital agreement is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse.
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. Members of ALI include law professors, practicing attorneys, judges and other professionals in the legal industry. ALI writes documents known as "treatises", which are summaries of state common law. Many courts and legislatures look to ALI's treatises as authoritative reference material concerning many legal issues. However, some legal experts and the late Supreme Court Justice Antonin Scalia, along with some conservative commentators, have voiced concern about ALI rewriting the law.
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself.
In the United States, state law refers to the law of each separate U.S. state.
The State Bar of California is an administrative division of the Supreme Court of California which licenses attorneys and regulates the practice of law in California. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially distributing sums paid through attorney trust accounts to fund nonprofit legal entities. It is directly responsible to the Supreme Court of California; however, its trustees are now appointed by the Supreme Court, the California Legislature, and Governor of California. All attorney admissions are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court. Attorney discipline is handled by the State Bar Office of Chief Trial Counsel, which acts as prosecutor before the State Bar Court of California. The State Bar has been cited for its corrupt practices during the 21st century, and is subject to reforms issued by its governing body, the California Supreme Court.
The State Bar of Texas is an agency of the judiciary under the administrative control of the Texas Supreme Court. It is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in Texas. With more than 100,000 active members, the State Bar of Texas is one of the largest state bars in the United States. Unlike the American Bar Association (ABA), the State Bar of Texas (SBOT) is a mandatory bar. The State Bar is headquartered in the Texas Law Center at 1414 Colorado Street in Austin.
The Ministry of Law and Justice in the Government of India is a cabinet ministry which deals with the management of the legal affairs, legislative activities and administration of justice in India through its three departments namely the Legislative Department and the Department of Legal Affairs and the Department of Justice respectively. The Department of Legal Affairs is concerned with advising the various Ministries of the Central Government while the Legislative Department is concerned with drafting of principal legislation for the Central Government. The ministry is headed by Cabinet Minister of Law and Justice Arjun Ram Meghwal appointed by the President of India on the recommendation of the Prime Minister of India. The first Law and Justice minister of independent India was Dr. B. R. Ambedkar, who served in the Prime Minister Jawaharlal Nehru's cabinet during 1947–51.
The Uniform Probate Code is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedents' estates in the United States. The primary purposes of the act were to streamline the probate process and to standardize and modernize the various state laws governing wills, trusts, and intestacy.
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi (attorneys).
The Alabama State Bar is the integrated (mandatory) bar association of the U.S. state of Alabama.
Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system.
A model act, also called a model law or a piece of model legislation, is a suggested example for a law, drafted centrally to be disseminated and suggested for enactment in multiple independent legislatures. The motivation classically has been the hope of fostering more legal uniformity among jurisdictions, and better practice in legislative wording, than would otherwise occur; another motivation sometimes has been lobbying disguised under such ideals. Model laws can be intended to be enacted verbatim, to be enacted after minor modification, or to serve more as general guides for the legislatures.
The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.
The Uniform Power of Attorney Act (2006) (UPOAA) was a law proposed by the National Conference of Commissioners on Uniform State Laws (ULC) to create a uniform framework for power of attorney provisions throughout the United States.
The Uniform Fiduciary Income and Principal Act (UFIPA) is one of the uniform acts that have been proposed in an attempt to harmonize the law in all fifty U.S. states. UFIPA was finalized and adopted by the Uniform Law Commission (ULC) in 2018.
In the United States, those seeking to become lawyers must normally pass a bar examination before they can be admitted to the bar and become licensed to practice law. Bar exams are administered by states or territories, usually by agencies under the authority of state supreme courts. Almost all states use some examination components created by the National Conference of Bar Examiners (NCBE). Forty-one jurisdictions have adopted the Uniform Bar Examination (UBE), which is composed entirely of NCBE-created components.
References
1 2 "". Uniform Law Commission. Retrieved November 16, 2023.
↑ "Staff". Uniform Law Commission. Retrieved March 24, 2019.
↑ "About the ULC". Uniform Law Commission. Retrieved October 24, 2017.
↑ See, e.g., Payne v. Stalley, 672 So. 2d 822, 823 (Fla. 2d DCA 1995), in which a Michigan lawyer overlooked the fact that Florida, when adopting the Uniform Probate Code, made a change in the procedure applicable to claims against an estate, and, as a result, an otherwise valid claim for approximately $3.7 million was denied as late.
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