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42 U.S.C. § 10703 — Board of Directors

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

42 U.S.C. § 10703 — Board of Directors

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Stable record: federal_law:legal_authorities:record_usc_7a97c2f83c65cbeac1ca7cc5
Source file: Laws/federal/codes/united-states-code/title-42/section-10703-board-of-directors--4754e8a228.md
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Source location: Title 42, Chapter 113, § 10703; chapter-113-state-justice-institute.md

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**(a) Appointment and membership** (1) The Institute shall be supervised by a Board of Directors, consisting of eleven voting members to be appointed by the President, by and with the advice and consent of the Senate. The Board shall have both judicial and nonjudicial members, and shall, to the extent practicable, have a membership representing a variety of backgrounds and reflecting participation and interest in the administration of justice. (2) The Board shall consist of— (A) six judges, to be appointed in the manner provided in paragraph (3); (B) one State court administrator, to be appointed in the manner provided in paragraph (3); and (C) four members from the public sector, no more than two of whom shall be of the same political party, to be appointed in the manner provided in paragraph (4). (3) The President shall appoint six judges and one State court administrator from a list of candidates submitted to the President by the Conference of Chief Justices. The Conference of Chief Justices shall submit a list of at least fourteen individuals, including judges and State court administrators, whom the Conference considers best qualified to serve on the Board. Whenever the term of any of the members of the Board described in subparagraphs (A) and (B) terminates and that member is not to be reappointed to a new term, and whenever a vacancy otherwise occurs among those members, the President shall appoint a new member from a list of three qualified individuals submitted to the President by the Conference of Chief Justices. The President may reject any list of individuals submitted by the Conference under this paragraph and, if such a list is so rejected, the President shall request the Conference to submit to him another list of qualified individuals. Prior to consulting with or submitting a list to the President, the Conference of Chief Justices shall obtain and consider the recommendations of all interested organizations and individuals concerned with the administration of justice and the objectives of this chapter. (4) In addition to those members appointed under paragraph (3), the President shall appoint four members from the public sector to serve on the Board. (5) The President shall make the initial appointments of members of the Board under this subsection within ninety days after October 1, 1985. In the case of any other appointment of a member, the President shall make the appointment not later than ninety days after the previous term expires or the vacancy occurs, as the case may be. The Conference of Chief Justices shall submit lists of candidates under paragraph (3) in a timely manner so that the appointments can be made within the time periods specified in this paragraph. (6) The initial members of the Board of Directors shall be the incorporators of the Institute and shall determine the State in which the Institute is to be incorporated. **(b) Term of office** (1) Except as provided in paragraph (2), the term of each voting member of the Board shall be three years. Each member of the Board shall continue to serve until the successor to such member has been appointed and qualified. (2) Five of the members first appointed by the President shall serve for a term of two years. Any member appointed to serve an unexpired term which has arisen by virtue of the death, disability, retirement, or resignation of a member shall be appointed only for such unexpired term, but shall be eligible for reappointment. (3) The term of initial members shall commence from the date of the first meeting of the Board, and the term of each member other than an initial member shall commence from the date of termination of the preceding term. **(c) Reappointment** No member shall be reappointed to more than two consecutive terms immediately following such member’s initial term. **(d) Compensation; reimbursement for expenses** Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. **(e) Status of members of Board as officers and employees of United States** The members of the Board shall not, by reason of such membership, be considered officers or employees of the United States. **(f) Voting rights of Board members; quorum; action of Board on concurrence of majority** Each member of the Board shall be entitled to one vote. A simple majority of the membership shall constitute a quorum for the conduct of business. The Board shall act upon the concurrence of a simple majority of the membership present and voting. **(g) Chairman; initial selection and term of office; subsequent annual election** The Board shall select from among the voting members of the Board a chairman, the first of whom shall serve for a term of three years. Thereafter, the Board shall annually elect a chairman from among its voting members. **(h) Grounds for removal of members** A member of the Board may be removed by a vote of seven members for malfeasance in office, persistent neglect of, or inability to discharge duties, or for any offense involving moral turpitude, but for no other cause. **(i) Quarterly meetings of Board; special meetings** Regular meetings of the Board shall be held quarterly. Special meetings shall be held from time to time upon the call of the chairman, acting at his own discretion or pursuant to the petition of any seven members. **(j) Open meetings** All meetings of the Board, any executive committee of the Board (on any occasion on which that committee has been delegated the authority to act on behalf of the Board), and any council established in connection with this chapter, shall be open and subject to the requirements and provisions of [section 552b of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b&num=0&edition=prelim) relating to open meetings. **(k) Duties and functions of Board** In its direction and supervision of the activities of the Institute, the Board shall— (1) establish policies and develop such programs for the Institute that will further the achievement of its purpose and performance of its functions; (2) establish policy and funding priorities and issue rules, regulations, guidelines, and instructions pursuant to such priorities; (3) appoint and fix the duties of the Executive Director of the Institute, who shall serve at the pleasure of the Board and shall be a nonvoting ex officio member of the Board; (4) present to other Government departments, agencies, and instrumentalities whose programs or activities relate to the administration of justice in the State judiciaries of the United States, the recommendations of the Institute for the improvement of such programs or activities; (5) consider and recommend to both public and private agencies aspects of the operation of the State courts of the United States considered worthy of special study; and (6) award grants and enter into cooperative agreements or contracts pursuant to [section 10705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10705/a&num=0&edition=prelim).

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

5 U.S.C. § 552b — Open meetings

**(a)** For purposes of this section— (1) the term “agency” means any agency, as defined in section 552(e) 11 See References in Text note below. of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency; (2) the term “meeting” means the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business, but does not include deliberations required or permitted by subsection (d) or (e); and (3) the term “member” means an individual who belongs to a collegial body heading an agency. **(b)** Members shall not jointly conduct or dispose of agency business other than in accordance with this section. Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation. **(c)** Except in a case where the agency finds that the public interest requires otherwise, the second sentence of subsection (b) shall not apply to any portion of an agency meeting, and the requirements of subsections (d) and (e) shall not apply to any information pertaining to such meeting otherwise required by this section to be disclosed to the public, where the agency properly determines that such portion or portions of its meeting or the disclosure of such information is likely to— (1) disclose matters that are (A) specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and (B) in fact properly classified

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552b

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10701

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

42 U.S.C. § 10703 — Board of Directors

Page 8074 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10703 ‘‘, at least thirty days prior to their effective date,’’ after ‘‘Federal Register’’ and inserting sentence at end relating to publication of a substantive rule. 1986—Subsec. (e). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ wherever appearing, which for purposes of codi- fication was translated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title. BATTERED WOMEN’S TESTIMONY Pub. L. 102–527, Oct. 27, 1992, 106 Stat. 3459, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Battered Women’s Testimony Act of 1992’. ‘‘SEC. 2. AUTHORITY OF STATE JUSTICE INSTI- TUTE. ‘‘The State Justice Institute shall— ‘‘(1) collect nationwide and analyze information re- garding— ‘‘(A) the admissibility and quality of expert testi- mony on the experiences of battered women offered as part of the defense in criminal cases under State law, and ‘‘(B) sources of, and methods to obtain, funds to pay costs incurred to provide such testimony, par- ticularly in cases involving indigent women defend- ants, ‘‘(2) develop training materials to assist— ‘‘(A) battered women, operators of domestic vio- lence shelters, battered women’s advocates, and at- torneys to use such expert testimony in appropriate cases, particularly appropriate cases involving indi- gent women defendants, and ‘‘(B) individuals with expertise in the experiences of battered women to develop skills appropriate to providing such expert testimony, and ‘‘(3) disseminate such information and such train- ing materia

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10703

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