42 U.S.C. § 10703 : US Code - Section 10703: Board of Directors

Search 42 U.S.C. § 10703 : US Code - Section 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
(on any occasion on which that committee has been delegated the
authority to act on behalf 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.