Establishment of Institute; duties

42 U.S.C. § 10702

• Title: 42 — The Public Health and Welfare
• Chapter: 113 — STATE JUSTICE INSTITUTE

Text

(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. 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
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 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.

History

(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

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 ", 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 codification 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:
"This Act may be cited as the 'Battered Women's Testimony Act of 1992'.
"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.
"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.].
"There is authorized to be appropriated $600,000 to carry out this Act."