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

(a)

Establishment; purpose; incorporation; powers

section 10703(a)(6) of this titleThere 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 . 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 by Federal funding.

(d)

Maintenance of offices in State of incorporation; agent for receipt of service of process

The Institute shall maintain its principal offices in the State in which it is incorporated and shall maintain therein a designated agent to accept service of process for the Institute. Notice to or service upon the agent shall be deemed notice to or service upon the Institute.

(e)

Tax status of Institute and programs assisted thereby

section 170(c)(2)(B) of title 26 section 501(c)(3) of title 26 section 501(a) of title 26The Institute, and any program assisted by the Institute, shall be eligible to be treated as an organization described in and as an organization described in which is exempt from taxation under . If such treatments are conferred in accordance with the provisions of title 26, the Institute, and programs assisted by the Institute, shall be subject to all provisions of title 26 relevant to the conduct of organizations exempt from taxation.

(f)

Rules, regulations, etc.; notice and comment

The Institute shall afford notice and reasonable opportunity for comment to interested parties prior to issuing rules, regulations, guidelines, 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, § 203Nov. 8, 198498 Stat. 3336 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095 Pub. L. 100–690, title VII, § 7321(b)(1)Nov. 18, 1988102 Stat. 4466 Pub. L. 100–702, title VI, § 601Nov. 19, 1988102 Stat. 4652 Pub. L. 102–528, § 3(1)Oct. 27, 1992106 Stat. 3462 (, , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 98–620Nov. 8, 198498 Stat. 3336 section 10701 of this titleThis chapter, referred to in subsecs. (a), (b)(1)(C), and (f), was in the original “this title”, meaning title II of , , , 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 and Tables.

Amendments

Pub. L. 102–5281992—Subsec. (f). 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.”

Pub. L. 100–690 Pub. L. 100–7021988—Subsec. (f). and made substantially identical amendments, striking out “, at least thirty days prior to their effective date,” after “Federal Register” and inserting sentence at end relating to publication of a substantive rule.

Pub. L. 99–5141986—Subsec. (e). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954” wherever appearing, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Effective Date

Oct. 1, 1985section 216 of Pub. L. 98–620 section 10701 of this titleSection effective , see , set out as a note under .

Battered Women’s Testimony

Pub. L. 102–527Oct. 27, 1992106 Stat. 3459

“SECTION 1.

SHORT TITLE.

“This Act may be cited as the ‘Battered Women’s Testimony Act of 1992’.

“SEC. 2.

AUTHORITY OF STATE JUSTICE INSTITUTE.

“The State Justice Institute shall—

“(1)

collect nationwide and analyze information regarding—

“(A)

the admissibility and quality of expert testimony 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, particularly in cases involving indigent women defendants,

“(2)

develop training materials to assist—

“(A)

battered women, operators of domestic violence shelters, battered women’s advocates, and attorneys to use such expert testimony in appropriate cases, particularly appropriate cases involving indigent 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 training materials, and provide related technical assistance, to battered women, such operators, such advocates, such attorneys, and such individuals.

“SEC. 3.

ADMINISTRATIVE PROVISIONS.

“For purposes of this Act—

“(1)

42 U.S.C. 10705(d) subsections (d) and (e) of section 206 of the State Justice Institute Act of 1984 [, (e)], and

“(2)

42 U.S.C. 10706(a) subsections (a) and (b) of section 207 of such Act [, (b)],

42 U.S.C. 10701shall apply in the same manner as such subsections apply with respect to grants and contracts made under such Act [ et seq.].

“SEC. 4.

AUTHORIZATION OF APPROPRIATIONS.

“There is authorized to be appropriated $600,000 to carry out this Act.”

, , , provided that: