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42 U.S.C. § 10707 — Restrictions on activities of the Institute

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10707 — Restrictions on activities of the Institute

**(a) Litigation; interference with independence of State judiciary; funding of State judicial system activities other than pursuant to this chapter; legislative lobbying** The Institute shall not— (1) participate in litigation unless the Institute or a recipient of the Institute is a party, and shall not participate on behalf of any client other than itself; (2) interfere with the independent nature of any State judicial system or allow financial assistance to be used for the funding of regular judicial and administrative activities of any State judicial system other than pursuant to the terms of any grant, cooperative agreement, or contract with the Institute, consistent with the requirements of this chapter; or (3) undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body, except that personnel of the Institute may testify or make other appropriate communication— (A) when formally requested to do so by a legislative body, committee, or a member thereof; (B) in connection with legislation or appropriations directly affecting the activities of the Institute; or (C) in connection with legislation or appropriations dealing with improvements in the State judiciary, consistent with the provisions of this chapter. **(b) Issuance of shares of stock; declaration of dividends; compensation for services; reimbursement for expenses; political activities** (1) The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends. (2) No part of the income or assets of the Institute shall enure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses. (3) Neither the Institute nor

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Stable record: federal_law:legal_authorities:record_usc_2153ca77ef3e6243cf5ceb42
Source file: Laws/federal/codes/united-states-code/title-42/section-10707-restrictions-on-activities-of-the-institute--ce52bdcf9c.md
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Source location: Title 42, Chapter 113, § 10707; chapter-113-state-justice-institute.md

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**(a) Litigation; interference with independence of State judiciary; funding of State judicial system activities other than pursuant to this chapter; legislative lobbying** The Institute shall not— (1) participate in litigation unless the Institute or a recipient of the Institute is a party, and shall not participate on behalf of any client other than itself; (2) interfere with the independent nature of any State judicial system or allow financial assistance to be used for the funding of regular judicial and administrative activities of any State judicial system other than pursuant to the terms of any grant, cooperative agreement, or contract with the Institute, consistent with the requirements of this chapter; or (3) undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body, except that personnel of the Institute may testify or make other appropriate communication— (A) when formally requested to do so by a legislative body, committee, or a member thereof; (B) in connection with legislation or appropriations directly affecting the activities of the Institute; or (C) in connection with legislation or appropriations dealing with improvements in the State judiciary, consistent with the provisions of this chapter. **(b) Issuance of shares of stock; declaration of dividends; compensation for services; reimbursement for expenses; political activities** (1) The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends. (2) No part of the income or assets of the Institute shall enure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses. (3) Neither the Institute nor any recipient shall contribute or make available Institute funds or program personnel or equipment to any political party or association, or the campaign of any candidate for public or party office. (4) The Institute shall not contribute or make available Institute funds or program personnel or equipment for use in advocating or opposing any ballot measure, initiative, or referendum. **(c) Identification of Institute with political activities** Officers and employees of the Institute or of recipients shall not at any time intentionally identify the Institute or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10701 — Definitions

As used in this chapter, the term— (1) “Board” means the Board of Directors of the Institute; (2) “Director” means the Executive Director of the Institute; (3) “Governor” means the Chief Executive Officer of a State; (4) “Institute” means the State Justice Institute; (5) “recipient” means any grantee, contractor, or recipient of financial assistance under this chapter; (6) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States; (7) “Supreme Court” means the highest appellate court within a State unless, for the purposes of this chapter, a constitutionally or legislatively established judicial council acts in place of that court; and (8) “domestic violence” means— (A) any action that constitutes— (i) attempting to cause or intentionally, knowingly, or recklessly causing bodily injury or physical illness; (ii) rape, sexual assault, or causing involuntary deviate sexual intercourse; (iii) placing by physical menace another in fear of imminent serious bodily injury; or (iv) the infliction of false imprisonment; if such action is taken by one of 2 spouses, former spouses, or sexual or intimate partners against the other spouse, former spouse, or partner and the 2 of whom share biological parenthood of, have adopted, are legal custodians of, or are stepparents of a minor child; or (B) physically or sexually abusing such minor child if such abuse is inflicted by either of such spouses, former spouses, or partners.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10707 — Restrictions on activities of the Institute

Page 8079 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10707 (b) Use of funds for training programs for advo- cacy of nonjudicial public policies or encour- aging nonjudicial political activities No funds made available by the Institute under this chapter, either by grant, cooperative agreement, or contract, may be used to support or conduct training programs for the purpose of advocating particular nonjudicial public policies or encouraging nonjudicial political activities. (c) Authority coextensive with appropriation Acts The authorization to enter into cooperative agreements, contracts or any other obligation under this chapter shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts. (d) Prohibited uses of funds To ensure that funds made available under this chapter are used to supplement and improve the operation of State courts, rather than to support basic court services, funds shall not be used— (1) to supplant State or local funds currently supporting a program or activity; or (2) to construct court facilities or struc- tures, except to remodel existing facilities to demonstrate new architectural or techno- logical techniques, or to provide temporary fa- cilities for new personnel or for personnel in- volved in a demonstration or experimental program. (Pub. L. 98–620, title II, § 207, Nov. 8, 1984, 98 Stat. 3342; Pub. L. 100–702, title VI, § 605, Nov. 19, 1988, 102 Stat. 4653.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, except in subsec. (d) where it was in the original ‘‘this Act’’, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which enacted this chapt

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