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

Summary

The Institute must not join lawsuits unless the Institute itself or one of its grant recipients is a party, and it cannot act as a lawyer for anyone else. It must not meddle with state courts or use its money to pay for routine court work unless that spending is allowed under a specific grant, cooperative agreement, or contract with the Institute and follows the chapter’s rules. The Institute also must not try to influence laws, except that its staff may speak to lawmakers if they are asked, or when the issue directly affects the Institute’s work or improvements to state courts. The Institute cannot issue stock or pay dividends. Its money or assets cannot be given to directors, officers, or employees except as normal pay or expense reimbursement. The Institute and its recipients must not give funds, staff, or equipment to political parties, campaigns, or to support or oppose ballot measures. Officers and employees must not connect the Institute’s name with any political activity tied to a party or a candidate.

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