42 U.S.C. § 10702 — Establishment of Institute; duties

Page 8073 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10702 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chap- ter. For complete classification of title II to the Code, see Short Title note below and Tables. AMENDMENTS 1992—Par. (8). Pub. L. 102–528 added par. (8). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–620, title II, § 216, Nov. 8, 1984, 98 Stat. 3346, provided that: ‘‘The provisions of this title [enacting this chapter and amending section 620 of Title 28, Judi- ciary and Judicial Procedure] shall take effect on Octo- ber 1, 1985.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–372, § 1, Oct. 25, 2004, 118 Stat. 1754, pro- vided that: ‘‘This Act [amending sections 3793, 10703, 10704, and 10713 of this title] may be cited as the ‘State Justice Institute Reauthorization Act of 2004’.’’ SHORT TITLE Pub. L. 98–620, title II, § 201, Nov. 8, 1984, 98 Stat. 3336, provided that: ‘‘This title [enacting this chapter and amending section 620 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘State Justice Institute Act of 1984’.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 10702. Establishment of Institute; duties (a) Establishment; purpose; incorporation; pow- ers There is established a private nonprofit cor- poration which shall be known as the State Jus- tice 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. To the extent consistent with the provisions of this chapter, the Institute may exercise the powers conferred upon a non- profit 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 pro- viding 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 con- cern; (3) promote recognition of the importance of the separation of powers doctrine to an inde- pendent judiciary; and (4) encourage education for judges and sup- port 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 or- ganizations and shall promote, on the part of agencies of State judicial administration, re- sponsibility for the success and effectiveness of State court improvement programs supported by Federal funding. (d) Maintenance of offices in State of incorpora- tion; agent for receipt of service of process The Institute shall maintain its principal of- fices in the State in which it is incorporated and shall maintain therein a designated agent to ac- cept service of process for the Institute. Notice to or service upon the agent shall be deemed no- tice to or service upon the Institute. (e) Tax status of Institute and programs assisted thereby The Institute, and any program assisted by the Institute, shall be eligible to be treated as an organization described in section 170(c)(2)(B) of title 26 and as an organization described in section 501(c)(3) of title 26 which is exempt from taxation under section 501(a) of title 26. If such treatments are conferred in accordance with the provisions of title 26, the Institute, and pro- grams assisted by the Institute, shall be subject to all provisions of title 26 relevant to the con- duct of organizations exempt from taxation. (f) Rules, regulations, etc.; notice and comment The Institute shall afford notice and reason- able opportunity for comment to interested par- ties prior to issuing rules, regulations, guide- lines, and instructions under this chapter, and it shall publish in the Federal Register all rules, regulations, guidelines, and instructions. (Pub. L. 98–620, title II, § 203, Nov. 8, 1984, 98 Stat. 3336; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690, title VII, § 7321(b)(1), Nov. 18, 1988, 102 Stat. 4466; Pub. L. 100–702, title VI, § 601, Nov. 19, 1988, 102 Stat. 4652; Pub. L. 102–528, § 3(1), Oct. 27, 1992, 106 Stat. 3462.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b)(1)(C), and (f), was in the original ‘‘this title’’, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables. AMENDMENTS 1992—Subsec. (f). Pub. L. 102–528 struck out at end ‘‘The publication of a substantive rule shall not be made less than thirty days before the effective date of such rule, except as otherwise provided by the Institute for good cause found and published with the rule.’’ 1988—Subsec. (f). Pub. L. 100–690 and Pub. L. 100–702 made substantially identical amendments, striking out 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 materials, and provide related technical assist- ance, to battered women, such operators, such advo- cates, such attorneys, and such individuals. ‘‘SEC. 3. ADMINISTRATIVE PROVISIONS. ‘‘For purposes of this Act— ‘‘(1) subsections (d) and (e) of section 206 of the State Justice Institute Act of 1984 [42 U.S.C. 10705(d), (e)], and ‘‘(2) subsections (a) and (b) of section 207 of such Act [42 U.S.C. 10706(a), (b)], shall apply in the same manner as such subsections apply with respect to grants and contracts made under such Act [42 U.S.C. 10701 et seq.]. ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated $600,000 to carry out this Act.’’ § 10703. Board of Directors (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 non- judicial members, and shall, to the extent prac- ticable, have a membership representing a vari- ety 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 ap- pointed 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 can- didates submitted to the President by the Con- ference 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 con- siders 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 re- appointed to a new term, and whenever a va- cancy 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 Jus- tices. The President may reject any list of indi- viduals submitted by the Conference under this paragraph and, if such a list is so rejected, the President shall request the Conference to sub- mit 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 ap- pointments 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 appoint- ment not later than ninety days after the pre- vious 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 Direc- tors shall be the incorporators of the Institute and shall determine the State in which the In- stitute 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 mem- ber shall be appointed only for such unexpired term, but shall be eligible for reappointment. (3) The term of initial members shall com- mence from the date of the first meeting of the