§ 10702. Establishment of Institute; duties

997 words·~5 min read·/usc/title-42/section-10702

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(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.

(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.)

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