
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10703]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 113--STATE JUSTICE INSTITUTE
 
Sec. 10703. Board of Directors


(a) Appointment and membership

    (1) The Institute shall be supervised by a Board of 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 chapter.
    (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 October 1, 
1985. 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) Term of office

    (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) Reappointment

    No member shall be reappointed to more than two consecutive terms 
immediately following such member's initial term.

(d) Compensation; reimbursement for expenses

    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) Status of members of Board as officers and employees of United 
        States

    The members of the Board shall not, by reason of such membership, be 
considered officers or employees of the United States.

(f) Voting rights of Board members; quorum; action of Board on 
        concurrence of majority

    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) Chairman; initial selection and term of office; subsequent annual 
        election

    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) Grounds for removal of members

    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) Quarterly meetings of Board; special meetings

    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) Open meetings

    All meetings of the Board, any executive committee of the Board, and 
any council established in connection with this chapter, shall be open 
and subject to the requirements and provisions of section 552b of title 
5 relating to open meetings.

(k) Duties and functions of Board

    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 10705(a) of this title.

(Pub. L. 98-620, title II, Sec. 204, Nov. 8, 1984, 98 Stat. 3337; Pub. 
L. 102-572, title VIII, Sec. 803(a), Oct. 29, 1992, 106 Stat. 4516.)


                               Amendments

    1992--Subsec. (a)(3). Pub. L. 102-572 substituted ``Conference'' for 
``conference'' after ``whom the'' in second sentence.


                    Effective Date of 1992 Amendment

    Section 804 of title VIII of Pub. L. 102-572 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].''

                  Section Referred to in Other Sections

    This section is referred to in section 10702 of this title.
