PRIA, Government Policy, Made Personal

Summary

The Institute cannot join or take part in lawsuits unless the Institute or a recipient of its funds is a party, and it may only act for itself. It must not meddle with the independent operation of any State court or use its money to pay for a State court’s normal work except when allowed by a grant, agreement, or contract under this law. The Institute also may not try to pass or block laws, except its staff may speak to a legislative body if formally asked, when the matter directly affects the Institute, or when it concerns approved improvements to State courts. The Institute may not issue stock or pay dividends. Its money cannot go to enrich directors, officers, or employees beyond normal pay or expense reimbursements. The Institute and its recipients cannot give money, staff, or equipment to political parties, candidates, or campaigns, or use them to influence ballot measures. Officers and employees must not link the Institute to any political campaign or partisan activity.

Title 42, §10707

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

(a)Litigation; interference with independence of State judiciary; funding of State judicial system activities other than pursuant to this chapter; legislative lobbying

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)Issuance of shares of stock; declaration of dividends; compensation for services; reimbursement for expenses; political activities

(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)Identification of Institute with political activities

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