§ 10703. Board of Directors

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   State Justice Institute Act of 1984

   Pub. L. 98–620 title II § 204 · 98 Stat. 3335

   Enacted · 42 U.S.C. § 10703

   Pub. L. 98–620, title II, § 204, Nov. 8, 1984, 98 Stat. 3337

   Source evidence

   Code source credit
   Pub. L. 98–620, title II, § 204, Nov. 8, 1984, 98 Stat. 3337

   Enacted provision · exact public law section
   Sec. 204. board of directors (a) (1) The Institute shall be supervised by a Board of 42 USC 10703. Directors, consisting of eleven voting members to be appointed by the President, by and with the advice and consent of the Senate. The Board shall have both judicial and nonjudicial members, and shall, to the extent practicable, have a membership representing a variety of backgrounds and reflecting participation and interest in the administration of justice. (2) The Board shall consist of— (A) six judges, to be appointed in the manner provided in paragraph (3); (B) one State court administrator, to be appointed in the manner provided in paragraph (3); and (C) four members from the public sector, no more than two of whom shall be of the same political party, to be appointed in the manner provided in paragraph (4). (3) The President shall appoint six judges and one State court administrator from a list of candidates submitted to the President by the Conference of Chief Justices. The Conference of Chief Justices shall submit a list of at least fourteen individuals, including judges and State court administrators, whom the conference considers best qualified to serve on the Board. Whenever the term of any of the members of the Board described in subparagraphs (A) and (B) terminates and that member is not to be reappointed to a new term, and whenever a vacancy otherwise occurs among those members, the President shall appoint a new member from a list of three qualified individuals submitted to the President by the Conference of Chief Justices. The President may reject any list of individuals submitted by the Conference under this paragraph and, if such a list is so rejected, the President shall request the Conference to submit to him another list of qualified individuals. Prior to consulting with or submitting a list to the President, the Conference of Chief Justices shall obtain and consider the recommendations of all interested organizations and individuals concerned with the administration of justice and the objectives of this title. (4) In addition to those members appointed under paragraph (3), the President shall appoint four members from the public sector to serve on the Board. (5) The President shall make the initial appointments of members of the Board under this subsection within ninety days after the effective date of this title. In the case of any other appointment of a member, the President shall make the appointment not later than ninety days after the previous term expires or the vacancy occurs, as the case may be. The Conference of Chief Justices shall submit lists of candidates under paragraph (3) in a timely manner so that the appointments can be made within the time periods specified in this paragraph. (6) The initial members of the Board of Directors shall be the incorporators of the Institute and shall determine the State in which the Institute is to be incorporated. (b) (1) Except as provided in paragraph (2), the term of each voting member of the Board shall be three years. Each member of the Board shall continue to serve until the successor to such member has been appointed and qualified. (2) Five of the members first appointed by the President shall serve for a term of two years Any member appointed to serve an unexpired term which has arisen by virtue of the death, disability, retirement, or resignation of a member shall be appointed only for such unexpired term, but shall be eligible for reappointment. (3) The term of initial members shall commence from the date of the first meeting of the Board, and the term of each member other than an initial member shall commence from the date of termination of the preceding term. (c) No member shall be reappointed to more than two consecutive terms immediately following such member’s initial term. (d) Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. (e) The members of the Board shall not, by reason of such membership. be considered officers or employees of the United States. (f) Each member of the Board shall be entitled to one vote. A simple majority of the membership shall constitute a quorum for the conduct of business. The Board shall act upon the concurrence of a simple majority of the membership present and voting. (g) The Board shall select from among the voting members of the Board a chairman, the first of whom shall serve for a term of three years. Thereafter, the Board shall annually elect a chairman from among its voting members. (h) A member of the Board may be removed by a vote of seven members for malfeasance in office, persistent neglect of, or inability to discharge duties, or for any offense involving moral turpitude, but for no other cause. (i) Regular meetings of the Board shall be held quarterly. Special meetings shall be held from time to time upon the call of the chairman, acting at his own discretion or pursuant to the petition of any seven members. (j) All meetings of the Board, any executive committee of the Board, and any council established in connection with this title, shall be open and subject to the requirements and provisions of section 552b of title 5, United States Code, relating to open meetings. (k) In its direction and supervision of the activities of the Institute, the Board shall— (1) establish policies and develop such programs for the Institute that will further the achievement of its purpose and performance of its functions; (2) establish policy and funding priorities and issue rules, regulations, guidelines, and instructions pursuant to such priorities; (3) appoint and fix the duties of the Executive Director of the Institute, who shall serve at the pleasure of the Board and shall be a nonvoting ex officio member of the Board; (4) present to other Government departments, agencies, and instrumentalities whose programs or activities relate to the administration of justice in the State judiciaries of the United States, the recommendations of the Institute for the improvement of such programs or activities; (5) consider and recommend to both public and private agencies aspects of the operation of the State courts of the United States considered worthy of special study; and (6) award grants and enter into cooperative agreements or contracts pursuant to section 206(a).

2. 1992

   Federal Courts Administration Act of 1992

   Pub. L. 102–572 title VIII § 803(a) · 106 Stat. 4506

   Substituted · 42 U.S.C. § 10703(a)(3)

   Pub. L. 102–572 substituted “Conference” for “conference” after “whom the” in second sentence

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–572 substituted “Conference” for “conference” after “whom the” in second sentence.

   Enacted provision · exact public law section
   (a) Board of Directors.— Section 204(a)(3) of the State Justice Institute Act of 1984 (42 U.S.C. 10703(a)(3)) is amended in the second sentence by striking “conference” and inserting “Conference”.

   Effective date note
   Pub. L. 102–572, title VIII, § 804, Oct. 29, 1992, 106 Stat. 4516, provided that: “The provisions of this title [amending this section and sections 10705 and 10713 of this title] shall take effect on the date of the enactment of this Act [Oct. 29, 1992].”

3. 2004

   State Justice Institute Reauthorization Act of 2004

   Pub. L. 108–372 § 3(c) · 118 Stat. 1754

   Inserted · 42 U.S.C. § 10703(j)

   Pub. L. 108–372 inserted “(on any occasion on which that committee has been delegated the authority to act on behalf of the Board)” after “executive committee of the Board”

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 108–372 inserted “(on any occasion on which that committee has been delegated the authority to act on behalf of the Board)” after “executive committee of the Board”.

   Enacted provision · exact public law section
   (c) Meetings.— Section 204(j) of the State Justice Institute Act of 1984 (42 U.S.C. 10703(j)) is amended by inserting “(on any occasion on which that committee has been delegated the authority to act on behalf of the Board)” after “executive committee of the Board”.

3 of 3 references resolved to an enrolled provision