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Institute at any time after seven or more members of the Board have been appointed and qualified. Appropriations for that purpose shall be made for not more than two fiscal years, and shall be paid to the Institute in annual installments at the beginning of each fiscal year in such amounts as may be specified in Acts of Congress making appropriations.

(b) Funds appropriated pursuant to this section shall rema in available until expended.

(c) Non-federal funds received by the Institute, and funds received for projects funded in part by the Institute or by any recipient from a source other than the Institute, shall be accounted for and reported as receipts and disbursements separate and distinct from federal funds.

(d) It is hereby established that the State's highest court or its designated agency or council will receive, administer, and be accountable for all funds awarded by the Institute for projects conducted by the courts of the States.

SPECIAL LIMITATIONS

Sec. 1010. The Institute shall prescribe procedures to insure that (1) financial assistance under this title shall not be suspended unless the grantee, contractor, or person, or entity receiving financial assistance under this title has been given reasonable notice and opportunity to show cause why such actions should not be taken; and

(2) financial assistance under this title shall not be terminated, an application for refunding shall not be denied, and a

suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this title has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Institute to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Institute in accordance with procedures established in regulations promulgated by the Institute.

COORDINATION

Sec. 1011. The President may direct that appropriate support functions of the Federal Government may be made available to the Institute in carrying out its activities under this title, to the extent not inconsistent with other applicable law.

RIGHT TO REPEAL, ALTER, OR AMEND

Sec. 1012. The right to repeal, alter, or amend this Title at any time is expressly reserved.

SHORT TITLE

Sec. 1013. This Title may be cited as the 'State Justice System
Improvement Actr.'

Sec. 1014.

INDEPENDENCE OF STATE JUSTICE INSTITUTE

Nothing in this Act, except Title

and no references

shall be

to this Act unless such references refer to Title

construed to affect the powers and activities of the State Justice Institute.

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To aid State and local governments in strengthening and improving their judicial systems through the creation of a State Justice Institute.

II

IN THE SENATE OF THE UNITED STATES

MARCH 5 (legislative day, JANUARY 3), 1980

Mr. HEFLIN (for himself, Mr. KENNEDY, Mr. DECONCINI, Mr. DOLE, Mr. COCHRAN, and Mr. SIMPSON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To aid State and local governments in strengthening and improving their judicial systems through the creation of a State Justice Institute.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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SHORT TITLE

SECTION 1. This Act may be cited as the "State Justice

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SEC. 2. (a) The Congress finds and declares that

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(1) the quality of justice in the Nation is largely determined by the quality of justice in State courts;

(2) State courts share with the Federal courts the general responsibility for enforcing the requirements of the Constitution and laws of the United States;

(3) in the Federal-State partnership of delivery of justice, the participation of the State courts has been increased by recently enacted Federal legislation;

(4) the maintenance of a high quality of justice in Federal courts has led to increasing efforts to divert cases to State courts;

(5) the Federal Speedy Trial Act has diverted criminal and civil cases to State courts;

(6) an increased responsibility has been placed on State court procedures by the Supreme Court of the United States;

(7) consequently, there is a significant Federal interest in maintaining strong and effective State courts; and

(8) strong and effective State courts are those which produce understandable, accessible, efficient, and

equal justice, which requires

(A) qualified judges and other court personnel;

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(B) high quality education and training programs for judges and other court personnel;

(C) appropriate use of qualified nonjudicial personnel to assist in court decisionmaking;

(D) structures and procedures which promote communication and coordination among courts and

judges and maximize the efficient use of judges and court facilities;

(E) resource planning and budgeting which allocate current resources in the most efficient

manner and forecast accurately the future demands for judicial services;

(F) sound management systems which take advantage of modern business technology, including records management procedures, data processing, comprehensive personnel systems, efficient juror utilization and management techniques, and advanced means for recording and transcribing court proceedings;

(G) uniform statistics on caseloads, dispositions, and other court-related processes on which

to base day-to-day management decisions and long-range planning;

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