§10707 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Limits the Institute’s actions and use of resources. It may join lawsuits only if the Institute or a recipient is a party and may not represent clients. It cannot interfere with state courts or pay for routine court work unless a grant, contract, or cooperative agreement allows it. It may not try to influence legislation, though staff can testify when asked by a legislature, when it affects the Institute, or when it concerns improving state courts. The Institute cannot issue stock or pay dividends, cannot enrich officers or directors beyond fair pay, and must not give resources to political parties, campaigns, or ballot measures.

Title 42, §10707

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(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 any recipient shall contribute or make available Institute funds or program personnel or equipment to any political party or association, or the campaign of any candidate for public or party office.

(4)The Institute shall not contribute or make available Institute funds or program personnel or equipment for use in advocating or opposing any ballot measure, initiative, or referendum.

(c)Officers and employees of the Institute or of recipients shall not at any time intentionally identify the Institute or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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.

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.

§10707 Restrictions on activities of the Institute