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42 U.S.C. § 10701 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_ed5888d4e738d9ea64a61b86
Source file: Laws/federal/codes/united-states-code/title-42/section-10701-definitions--fcbaa79682.md
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Source location: Title 42, Chapter 113, § 10701; chapter-113-state-justice-institute.md
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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
**(a)** There is established within the judicial branch of the Government a Federal Judicial Center, whose purpose it shall be to further the development and adoption of improved judicial administration in the courts of the United States.
**(b)** The Center shall have the following functions:
(1) to conduct research and study of the operation of the courts of the United States, and to stimulate and coordinate such research and study on the part of other public and private persons and agencies;
(2) to develop and present for consideration by the Judicial Conference of the United States recommendations for improvement of the administration and management of the courts of the United States;
(3) to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch of the Government and other persons whose participation in such programs would improve the operation of the judicial branch, including, but not limited to, judges, United States magistrate judges, clerks of court, probation officers, and persons serving as mediators and arbitrators;
(4) insofar as may be consistent with the performance of the other functions set forth in this section, to provide staff, research, and planning assistance to the Judicial Conference of the United States and its committees;
(5) Insofar 11 So in original. Probably should not be capitalized. as may be consistent with the performance of the other functions set forth in this section, to cooperate with the State Justice Institute in the establishment and coordination of research and programs concerning the administration of justice; and
(6) insofar as may be consistent with the performance of the other functions set forth in this section, to cooperate with and assist agencies of
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 620
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize.
**(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681
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Federal law — U.S. Code and appendices · legal_authorities
The State Justice Institute may award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States (as defined in [section 10701 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10701&num=0&edition=prelim)) in training judges and court personnel in the laws of the States and by Indian tribes in training tribal judges and court personnel in the laws of the tribes on rape, sexual assault, domestic violence, dating violence, and other crimes of violence motivated by the victim’s gender. Nothing shall preclude the attendance of tribal judges and court personnel at programs funded under this section for States to train judges and court personnel on the laws of the States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12372
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Federal law — U.S. Code and appendices · legal_authorities
The State Justice Institute, after consultation with nationally recognized nonprofit organizations with expertise in stalking and domestic violence cases, shall conduct training programs for State (as defined in section 10701 11 See References in Text note below. of title 42) and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12407
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; purpose; incorporation; powers** There is established a private nonprofit corporation which shall be known as the State Justice Institute. The purpose of the Institute shall be to further the development and adoption of improved judicial administration in State courts in the United States. The Institute may be incorporated in any State pursuant to [section 10703(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10703/a/6&num=0&edition=prelim). To the extent consistent with the provisions of this chapter, the Institute may exercise the powers conferred upon a nonprofit corporation by the laws of the State in which it is incorporated.
**(b) Duties** The Institute shall—
(1) direct a national program of assistance designed to assure each person ready access to a fair and effective system of justice by providing funds to—
(A) State courts;
(B) national organizations which support and are supported by State courts; and
(C) any other nonprofit organization that will support and achieve the purposes of this chapter;
(2) foster coordination and cooperation with the Federal judiciary in areas of mutual concern;
(3) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and
(4) encourage education for judges and support personnel of State court systems through national and State organizations, including universities.
**(c) Duplication of functions; responsibility of State agencies** The Institute shall not duplicate functions adequately performed by existing nonprofit organizations and shall promote, on the part of agencies of State judicial administration, responsibility for the success and effectiveness of State court improvement programs supported
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10702
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duties of Director; appointment and removal of employees; political tests or qualifications prohibited**
(1) The Director, subject to general policies established by the Board, shall supervise the activities of persons employed by the Institute and may appoint and remove such employees as he determines necessary to carry out the purposes of the Institute. The Director shall be responsible for the executive and administrative operations of the Institute, and shall perform such duties as are delegated to such Director by the Board and the Institute.
(2) No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Institute, or in selecting or monitoring any grantee, contractor, person, or entity receiving financial assistance under this chapter.
**(b) Compensation** Officers and employees of the Institute shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in [section 5316 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5316&num=0&edition=prelim).
**(c) Status of Institute as department, agency, or instrumentality of Federal Government; authority of Office of Management and Budget**
(1) Except as otherwise specifically provided in this chapter, the Institute shall not be considered a department, agency, or instrumentality of the Federal Government.
(2) This chapter does not limit the authority of the Office of Management and Budget to review and submit comments upon the Institute’s annual budget request at the time it is transmitted to the Congress.
(3) The Institute may purchase goods and services from the General Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10704
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Institute; purposes of grants** The Institute is authorized to award grants and enter into cooperative agreements or contracts, in a manner consistent with subsection (b), in order to—
(1) conduct research, demonstrations, or special projects pertaining to the purposes described in this chapter, and provide technical assistance and training in support of tests, demonstrations, and special projects;
(2) serve as a clearinghouse and information center, where not otherwise adequately provided, for the preparation, publication, and dissemination of information regarding State judicial systems;
(3) participate in joint projects with other agencies, including the Federal Judicial Center, with respect to the purposes of this chapter;
(4) evaluate, when appropriate, the programs and projects carried out under this chapter to determine their impact upon the quality of criminal, civil, and juvenile justice and the extent to which they have met or failed to meet the purposes and policies of this chapter;
(5) encourage and assist in the furtherance of judicial education;
(6) encourage, assist, and serve in a consulting capacity to State and local justice system agencies in the development, maintenance, and coordination of criminal, civil, and juvenile justice programs and services; and
(7) be responsible for the certification of national programs that are intended to aid and improve State judicial systems.
**(b) Priority in making awards; alternative recipients; approval of applications; receipt and administration of funds; accountability** The Institute is empowered to award grants and enter into cooperative agreements or contracts as follows:
(1) The Institute may award grants to or enter into cooperative agreements or contracts with—
(A) State and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duties of Institute** With respect to grants made and contracts or cooperative agreements entered into under this chapter, the Institute shall—
(1) ensure that no funds made available to recipients by the Institute shall be used at any time, directly or indirectly, to influence the issuance, amendment, or revocation of any Executive order or similar promulgation by any Federal, State, or local agency, or to undertake to influence the passage or defeat of any legislation or constitutional amendment by the Congress of the United States, or by any State or local legislative body, or any State proposal by initiative petition, or of any referendum, unless a governmental agency, legislative body, a committee, or a member thereof—
(A) requests personnel of the recipients to testify, draft, or review measures or to make representations to such agency, body, committee, or member; or
(B) is considering a measure directly affecting the activities under this chapter of the recipient or the Institute; and
(2) ensure all personnel engaged in grant, cooperative agreement or contract assistance activities supported in whole or part by the Institute refrain, while so engaged, from any partisan political activity.
**(b) Use of funds for training programs for advocacy of nonjudicial public policies or encouraging 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10706
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10707
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