Deference to law commission stops guardian reforms cold - Albuquerque Journal

Deference to law commission stops guardian reforms cold

The Uniform Law Commission has powerful influence over the laws of the land, yet few people know about it. Established in 1892, all of its approximately 350 commissioners are lawyers who come from every state plus the District of Columbia, Puerto Rico and the U.S. Virgin Islands.

Every state and territory is a ULC signatory, but they are not obligated to accept the commission’s “best practices” work product.

ULC commissioners regularly debate legal issues, formulate new legal language and urge all states to accept the uniform set of laws they devise. There are more than 100 different committees within the commission tackling issues as diverse as real estate law and presidential electors to internet privacy and court-ordered guardianships.

It usually takes at least two years for a ULC committee to finish its work on an issue and present final language to the full commission for approval. Only then is the language transmitted to states for consideration.

The ULC committee on Guardianship and Protective Proceedings has been working on drafting new safeguards since April 2015 and expects final language to be ready for a full commission vote by July. Its proposed bill considers all types of potential guardianships, including those appointed for children and disabled or elderly people.

New Mexico is a faithful adherent to ULC recommendations, having signed on in 1908, even before statehood.

“New Mexico is one of our top-ranking states in terms of pure numbers of ULC acts adopted,” said the ULC’s Katie Robinson.

New Mexico’s delegation numbers 12. The New Mexico Legislative Council appoints four legislators and four other members of the state bar. The governor has two appointees, and the dean of the University of New Mexico law school has a seat.

There are rules requiring appointments from both major political parties, and any lawyer who has represented the state at the ULC for 20 years or more has a spot.

New Mexico’s commissioners include Reps. Zachary Cook, R-Ruidoso, and Antonio (Moe) Maestas, D-Albuquerque, and Sens. Cisco McSorley, D-Albuquerque, and William Payne, R-Albuquerque.

Other New Mexico commissioners include Raul E. Burciaga, John (Jack) Burton, Matthew Chandler, Robert Desiderio, Philip Larragoite, Patrick Rogers, Raymond G. Sanchez and Paula Tackett.

Who Guards the Guardians: Guardianship reforms DOA in New Mexico


Albuquerque Journal and its reporters are committed to telling the stories of our community.

• Do you have a question you want someone to try to answer for you? Do you have a bright spot you want to share?
   We want to hear from you. Please email yourstory@abqjournal.com

Nativo Sponsored Content

Ad Tango

taboola desktop

MORE ARTICLES LIKE THIS

1
Halyna Hutchins remembered as a gifted cinematographer
ABQnews Seeker
Ukrainian native called herself a 'restless ... Ukrainian native called herself a 'restless dreamer' and 'adrenaline junkie'
2
APS bus drivers get a pay boost amid ongoing ...
ABQnews Seeker
Board of Education OKs hiring, referral ... Board of Education OKs hiring, referral bonuses as rate reaches $18 per hour
3
City: Official not drunk in accident
ABQnews Seeker
Allegation was made by Gonzales against ... Allegation was made by Gonzales against COO in mayoral debate with Keller
4
Las Cruces educator named NM Teacher of the Year
ABQnews Seeker
Lorynn Guerrero will represent New Mexico ... Lorynn Guerrero will represent New Mexico in the national competition
5
Longtime APS athletic director Barreras steps aside
Featured Sports
Albuquerque Public Schools will be searching ... Albuquerque Public Schools will be searching for a new athletic director.Kenny Barrera ...
6
Guns on movie and television sets: How does that ...
Entertainment
Cinematographer Halyna Hutchins died Thursday after ... Cinematographer Halyna Hutchins died Thursday after a prop firearm that actor Alec Baldwin was holdi ...
7
Prep volleyball: No. 1 Hope Christian beats defending state ...
Featured Sports
As the state tournament draws ever ... As the state tournament draws ever nearer, it's becoming more likely that the team everyone will be ...
8
In local Korn Ferry qualifier, stress falls upon middle ...
Featured Sports
When it comes to the qualifying ... When it comes to the qualifying school of the Korn Ferry Tour for professional golfers, Scott Harrin ...
9
Gonzales: It's time for Lobo offense to step up
College
During the past two weeks, the ... During the past two weeks, the University of New Mexico (2-5, 0-3 Mountain West) has scored two touc ...