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Monday,

December 5, 2005

Part II

State Justice Institute


Grant Guideline; Notice

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STATE JUSTICE INSTITUTE The Board of Directors will meet in May and evaluated under an SJI project grant
2006 to approve grant awards. See (i.e., curriculum adaptation); and/or (2)
Grant Guideline section VI. for Project Grant application support expert consultation in planning,
AGENCY: State Justice Institute. procedures. developing, and administering State
Applicants for Project Grants will be judicial branch education programs.
ACTION: Final Grant Guideline. required to contribute a cash match of Letters requesting JBE TA Grants may
SUMMARY: This Guideline sets forth the not less than 50% of the total cost of the be submitted at any time. The grant
administrative, programmatic, and proposed project. In other words, grant cycles for JBE TA Grants are the same
financial requirements attendant to awards by SJI must be matched at least as the grant cycles for TA Grants.
Fiscal Year 2006 State Justice Institute dollar for dollar by grant applicants. Applicants submitting letters by
grants, cooperative agreements, and Applicants may contribute the required January 6, 2006 will be notified by April
contracts. cash match directly or in cooperation 7, 2006; those submitting letters
with third parties. between January 9 and February 24,
DATES: December 5, 2005. Continuation Grants. Continuation 2006 will be notified by June 9, 2006;
FOR FURTHER INFORMATION CONTACT: Grants (see sections II.B., III.D., V.B.2., those submitting letters between
Kevin Linskey, Executive Director, State VI.B., VII.B.1., VIII.A., and IX.5.H.1.b.) February 24 and June 2, 2006 will be
Justice Institute, 1650 King St. (Suite are intended to enhance specific notified by September 15, 2006; and
600), Alexandria, VA 22314, (703) 684– programs or services begun during those submitting letters between June 5
6100 X214. earlier Project Grants. An applicant for and September 22, 2006 will be notified
SUPPLEMENTARY INFORMATION: Pursuant a Continuation Grant must submit a of the Board’s decision by December 1,
to the State Justice Institute Act of 1984, letter notifying the Institute of its intent 2006. See section VI.D. for JBE TA Grant
42 U.S.C. 10701, et seq., as amended, to seek such funding no later than 120 application procedures.
the Institute is authorized to award days before the end of the current grant Scholarships. Section II.E. of the
grants, cooperative agreements, and period. The Institute will then notify the Guideline allocates up to $200,000 for
contracts to State and local courts, applicant of the deadline for its scholarships this year to enable judges
nonprofit organizations, and others for Continuation Grant application. and court managers to attend out-of-
the purpose of improving the quality of Applicants for Continuation Grants State education and training programs.
justice in the State courts of the United will be required to contribute a cash A scholarship of up to $1,500 may be
States. match of not less than 50% of the total awarded to pay for a recipient’s tuition,
The fiscal year 2006 Science, State, cost of the ongoing project. In other travel, and lodging costs.
Justice, and Commerce appropriations words, grant awards by SJI must be Starting this year, scholarships can
subcommittee conference report (H. matched at least dollar for dollar by also be used to cover the costs of
Rept. 109–272/H.R. 2862) made grant applicants. Applicants may enrolling in on-line classes that meet the
available $3.5 million for the State contribute the required cash match criteria for acceptable programs as
Justice Institute (SJI), less a modest directly or in cooperation with third described below.
across-the-board rescission. parties. Scholarships for eligible applicants
The Institute’s Board of Directors Technical Assistance Grants. Section are approved largely on a ‘‘first come,
intends to solicit project grant II.C. reserves up to $300,000 for first served’’ basis, although the Institute
applications for certain strategic Technical Assistance Grants. Under this may approve or disapprove scholarship
priorities, discussed further below, to program, a State or local court or requests in order to achieve appropriate
invite selected applicants to apply for regional court association may receive a balances on the basis of geography,
grants in key areas, and to continue the grant of up to $30,000 to engage outside program provider, and type of court or
most important project grants currently experts to provide technical assistance applicant (e.g., trial judge, appellate
assisting courts nationwide. to diagnose, develop, and implement a judge, trial court administrator).
response to a jurisdiction’s problems. Scholarships will be approved only for
Types of Grants Available and Funding Letters of application for a Technical programs that either (1) enhance the
Schedules Assistance Grant may be submitted at skills of judges and court managers; or
SJI is offering six types of grants in FY any time. Applicants submitting letters (2) are part of a graduate degree program
2006: Project Grants, Continuation by January 6, 2006 will be notified by for judges or court personnel.
Grants, Technical Assistance (TA) April 7, 2006; those submitting letters As before, recipients are limited to no
Grants, Judicial Branch Education between January 9 and February 24, more than one scholarship in a three-
Technical Assistance (JBE TA) grants, 2006 will be notified by June 9, 2006; year period, unless the course
Scholarships, and Partner Grants. those submitting letters between specifically assumes multi-year
Project Grants. Project Grants (see February 24 and June 2, 2006 will be participation.
sections II.B., III.O., V.B.1., VI.A., notified by September 15, 2006; and Applicants interested in obtaining a
VII.B.1., and VIII.A.) are intended to those submitting letters between June 5 scholarship for a program beginning
support innovative education, research, and September 22, 2006 will be notified between April 1 and June 30, 2006,
demonstration, and technical assistance of the Board’s decision by December 1, must submit their applications and
projects that can improve the 2006. See section VI.B. for Technical documents between January 2 and
administration of justice in State courts Assistance Grant application February 27, 2006. For programs
nationwide. As provided in section procedures. beginning between July 1 and
III.N. of the Guideline, Project Grants Judicial Branch Education Technical September 30, 2006, the applications
may ordinarily not exceed $300,000; Assistance Grants. Section II.D. of the and documents must be submitted
however, grants in excess of $200,000 Guideline allocates up to $100,000 for between March 30 and May 26, 2006.
are likely to be rare, and awarded only grants under the JBE TA grant program For programs beginning between
to support projects likely to have a this year. Grants of up to $20,000 are October 1 and December 31, 2006, the
significant national impact. available to: (1) Enable a State or local applications and documents must be
The deadline for submitting a Project court to adapt and deliver an education submitted between July 3 and August
Grant application is February 13, 2006. program that was previously developed 25, 2006. For programs beginning

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between January 1 and March 31, 2007, • Direct a national program of II. Scope of the Program
the applications and documents must be financial assistance designed to assure
A. Project Grants
submitted between October 2 and that each citizen of the United States is
December 1, 2006. See section VI.E. for provided ready access to a fair and As set forth in Section I., the Institute
scholarship application procedures. effective system of justice; is authorized to fund projects
Partner Grants. Partner Grants (see • Foster coordination and addressing a broad range of program
sections II.F., III.M., V., VI.F., VII., and cooperation with the Federal judiciary; areas. Though the Board is likely to
VIII.D.) are intended to allow SJI and • Promote recognition of the favor Project Grant applications focused
federal, State, or local agencies or importance of the separation of powers on the Special Interest program
foundations, trusts, or other private doctrine to an independent judiciary; categories described below, potential
entities to combine financial resources and applicants are also encouraged to bring
in pursuit of common interests. SJI and • Encourage education for judges and to the attention of the Institute
its funding partners may meld, pick and support personnel of State court systems innovative projects outside those
choose, or waive their grant through national and State categories. Funds will not be made
requirements, application procedures, organizations, including universities. available for the ordinary, routine
or grant cycles to expedite the award of To accomplish these broad objectives, operation of court systems or programs
jointly-funded grants targeted at the Institute is authorized to provide in any of these areas.
emerging or high priority problems funds to State courts, national
organizations which support and are 1. Special Interest Program Categories
confronting State and local courts. Like
Project Grants, Partner Grants will be supported by State courts, national The Institute is interested in funding
awarded only to support initiatives judicial education organizations, and both innovative programs and programs
likely to have a significant national other organizations that can assist in of proven merit that can be replicated in
impact. improving the quality of justice in the other jurisdictions. The Institute is
State courts. especially interested in funding projects
Matching Requirements The Institute is supervised by a Board that:
With the exception of JBE TA grantees of Directors appointed by the President, • Formulate new procedures and
and scholarship recipients, all grantees with the consent of the Senate. The techniques, or creatively enhance
must provide a cash match for any Board is statutorily composed of six existing procedures and techniques;
Institute grant. The matching judges; a State court administrator; and • Address aspects of the State judicial
requirements are summarized in four members of the public, no more systems that are in special need of
sections III.L. and VIII.A.8. of the than two of who can be of the same serious attention;
Guideline. political party. • Have national significance by
The following Grant Guideline is Through the award of grants, developing products, services, and
adopted by the State Justice Institute for contracts, and cooperative agreements, techniques that may be used in other
FY 2006: the Institute is authorized to perform the States; and
following activities: • Create and disseminate products
Table of Contents A. Support research, demonstrations, that effectively transfer the information
I. The Mission of the State Justice Institute special projects, technical assistance, and ideas developed to relevant
II. Scope of the Program and training to improve the audiences in State and local judicial
III. Definitions administration of justice in the State systems, or provide technical assistance
IV. Eligibility for Award courts; to facilitate the adaptation of effective
V. Types of Projects and Grants; Size of B. Provide for the preparation, programs and procedures in other State
Awards publication, and dissemination of and local jurisdictions.
VI. Applications
information regarding State judicial A project will be identified as a
VII. Application Review Procedures
VIII. Compliance Requirements systems; Special Interest project if it meets the
IX. Financial Requirements C. Participate in joint projects with four criteria set forth above and it falls
X. Grant Adjustments Federal agencies and other private within the scope of the Special Interest
Appendix A SJI Libraries: Designated Sites grantors; program categories designated below.
and Contacts D. Evaluate or provide for the The Board has designated the areas
Appendix B Illustrative List of Technical evaluation of programs and projects set forth below as Special Interest
Assistance Grants funded by the Institute to determine program categories. The order of listing
Appendix C Illustrative List of Model their impact upon the quality of does not imply any ordering of priorities
Curricula criminal, civil, and juvenile justice and among the categories.
Appendix D Grant Application Forms
the extent to which they have
(Forms A, B, C, C1, D, and Disclosure of a. Managing Self-Represented Litigation
Lobbying Activities) contributed to improving the quality of
Appendix E Line-Item Budget Form (Form justice in the State courts; This category includes research,
E) E. Encourage and assist in furthering demonstration, evaluation, and
Appendix F Scholarship Application Forms judicial education; education projects designed to improve
(Forms S1 and S2) F. Encourage, assist, and serve in a the management of self-represented (pro
consulting capacity to State and local se) litigation.
I. The Mission of the State Justice justice system agencies in the The Institute is particularly interested
Institute development, maintenance, and in supporting innovative projects that:
The Institute was established by Pub. coordination of criminal, civil, and • Implement the next generation of
L. 98–620 to improve the administration juvenile justice programs and services; innovations identified at the Summit on
of justice in the State courts of the and the Future of Self-Represented
United States. Incorporated in the State G. Be responsible for the certification Litigation held in Chicago in March
of Virginia as a private, nonprofit of national programs that are intended 2005;
corporation, the Institute is charged, by to aid and improve State judicial • Compile and disseminate
statute, with the responsibility to: systems. information on promising practices to

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assist people who come to court without education projects designed to improve include the salaries, benefits, travel, or
lawyers; and, management of guardianship, probate, training costs of full- or part-time court
• Test and evaluate approaches fraud, Americans with Disability Act, employees. Normally, the technical
permitting self-represented litigants to and other types of elder-related cases. assistance must be completed within 12
file pleadings, responses, and other The Institute is particularly interested in months after the start date of the grant.
forms electronically. projects that would: Only a State or local court or regional
• Develop and evaluate judicial court association may apply for a
b. Application of Technology in the
branch education programs addressing Technical Assistance grant. The
Courts
elder law and related issues. application procedures may be found in
This category includes the testing of section VI.C.
innovative applications of technology to f. Relationship Between State and
improve the operation of court Federal Courts D. Judicial Branch Education Technical
management systems and judicial This category includes research, Assistance Projects
practices at both the trial and appellate demonstration, evaluation, and The Board is reserving up to $100,000
court levels. The Institute seeks to education projects designed to facilitate to support technical assistance and on-
support local experiments with appropriate and effective site consultation in planning,
promising but untested applications of communication, cooperation, and developing, and administering
technology in the courts that include an coordination between State and federal comprehensive and specialized State
evaluation of the impact of the courts and the courts, the legislative and judicial branch education programs, as
technology in terms of costs, benefits, executive branches, and the people. The well as the adaptation of model
and staff workload, and a training Institute is particularly interested in curricula previously developed with SJI
component to assure that staff is projects that would: funds. Judicial Branch Education
appropriately educated about the • Develop and test materials that Technical Assistance Grants are limited
purpose and use of the new technology. judges and court leaders could use to to no more than $20,000 each.
In this context, ‘‘untested’’ includes educate community groups and The goals of the Judicial Branch
novel applications of technology constituencies about federalism and the Education Technical Assistance
developed for the private sector that courts and the importance of judicial Program (JBE TA) are to:
have not previously been applied in the independence. 1. Provide State and local courts and
courts. court associations with the opportunity
B. Continuation Grants to access expert strategic assistance to
The Institute is particularly interested
in supporting efforts to test and evaluate This category includes critical SJI- enable them to maintain judicial branch
technologies that would: supported Project Grants of proven education programming during the
• Compile promising practices for merit to courts nationwide. These current budget crisis; and
coordinating and controlling the use of projects must have: 2. Enable courts and court
multiple technologies to enhance court 1. Developed products, services, and associations to modify a model
processes. techniques that may be used in States curriculum, course module, or
across the country; and conference program developed with SJI
c. Children and Families in Court 2. Created and disseminated products funds to meet a particular State’s or
This category includes research, that effectively transfer the information local jurisdiction’s educational needs;
demonstration, evaluation, technical and ideas developed to relevant train instructors to present portions or
assistance, and education projects to audiences in State and local judicial all of the curriculum; and pilot-test it to
identify and inform judges of systems, or provide technical assistance determine its appropriateness, quality,
innovative, effective approaches for to facilitate the adaptation of effective and effectiveness. An illustrative but
handling cases involving children and programs and procedures in other State non-inclusive list of the curricula that
families. The Institute is particularly and local jurisdictions. may be appropriate for adaptation is
interested in projects that would: The application procedures for contained in Appendix C.
• Implement the ‘‘next steps’’ Continuation Grants may be found in Only State or local courts or court
identified for courts at the National section VI.B. associations may apply for JBE TA
Leadership Summit for Child Protection C. Technical Assistance Grants funding. Application procedures may be
held in Minneapolis on September 20– found in Section VI.D. Applicants are
23, 2005. The Board is reserving up to $300,000 not required to contribute cash match to
to support the provision of technical JBE TA grants.
d. Performance Standards and Outcome assistance to State and local courts and
Measures regional court associations. The program E. Scholarships for Judges and Court
This category includes projects that is designed to provide State and local Managers
will develop and measure performance courts with sufficient support to obtain The Institute is reserving up to
standards and outcomes for all aspects technical assistance to diagnose a $200,000 to support a scholarship
of court operations. The Institute is problem, develop a response to that program for State judges and court
particularly interested in projects that problem, and implement any needed managers. The purposes of the
would: changes. The Institute will reserve scholarship program are to:
• Develop and test performance and sufficient funds each quarter to assure 1. Enhance the skills, knowledge, and
outcome measures to assess the the availability of Technical Assistance abilities of judges and court managers;
effectiveness of problem-solving courts. Grants throughout the year. 2. Enable State court judges and court
• Develop low cost methods for Technical Assistance Grants are managers to attend out-of-State, or to
measuring performance. limited to no more than $30,000 each, enroll in online, educational programs
and shall only cover the cost of sponsored by national and State
e. Elder Issues obtaining the services of expert providers that they could not otherwise
This category includes research, consultants. Examples of expenses not attend or take online because of limited
demonstration, evaluation, and covered Technical Assistance Grants State, local, and personal budgets; and

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3. Provide States, judicial educators, completed by both the grantee and the I. Grantee
and the Institute with evaluative Institute. The organization, entity, or individual
information on a range of judicial and to which an award of Institute funds is
D. Continuation Grant
court-related education programs. made. For a grant based on an
Priority will be given to scholarship A grant lasting no longer than 15
months to permit completion of application from a State or local court,
applications for attendance at out-of-
activities initiated under an existing grantee refers to the State Supreme
State educational programs within the
Institute grant or enhancement of the Court or its designee.
United States. Application procedures
may be found in Section VI.E. products or services produced during J. Human Subjects
the prior grant period. See section VI.B.
F. Partner Grants Individuals who are participants in an
for a complete description of
experimental procedure or who are
Though many, if not most, Partner Continuation Grant application
asked to provide information about
Grants will fall under the Special requirements.
themselves, their attitudes, feelings,
Interest program categories cited in
E. Curriculum opinions, and/or experiences through an
section II.A., proposals addressing other
The materials needed to replicate an interview, questionnaire, or other data
emerging or high priority court-related
education or training program collection technique.
problems will be considered on a case-
by-case basis. The amount of funds developed with grant funds including, K. Judicial Branch Education Technical
reserved by the Board for these grants but not limited to: The learning Assistance (JBE TA) Grant
will depend upon the partnering objectives; the presentation methods; a
sample agenda or schedule; an outline A grant of up to $20,000 awarded to
opportunities available. Any
of presentations and relevant a State or local court or court
organization described in section IV.
instructors’ notes; copies of overhead association to support expert assistance
shall be eligible to apply for, or receive,
transparencies or other visual aids; in designing or delivering judicial
a Partner Grant.
exercises, case studies, hypotheticals, branch education programming, and/or
III. Definitions quizzes, and other materials for the adaptation of an education program
The following definitions apply for involving the participants; background based on an SJI-supported curriculum
the purposes of this Guideline: materials for participants; evaluation that was previously developed and
forms; and suggestions for replicating evaluated under an SJI Project Grant.
A. Acknowledgment of SJI Support See section VI.D. for a complete
the program, including possible faculty
The prominent display of the SJI logo or the preferred qualifications or description of JBE TA Grant application
on the front cover of a written product experience of those selected as faculty. requirements.
or in the opening frames of a videotape L. Match
or DVD developed with Institute F. Designated Agency or Council
support, and inclusion of a brief The office or judicial body which is The portion of project costs not borne
statement on the inside front cover or authorized under State law or by by the Institute. Match includes both
title page of the document or the delegation from the State Supreme cash and in-kind contributions. Cash
opening frames of the videotape or DVD Court to approve applications for SJI match is the direct outlay of funds by
identifying the grant number. See grant funds and to receive, administer, the grantee or a third party to support
section VIII.A.11.a.(2) for the precise and be accountable for those funds. the project. Examples of cash match are
wording of the statement. the dedication of funds to support a new
G. Disclaimer employee or purchase new equipment
B. Application A brief statement that must be to carry out the project or the
A formal request for an Institute grant. included at the beginning of a document application of project income (e.g.,
A complete application consists of: or in the opening frames of a videotape tuition or the proceeds of sales of grant
Form A—Application; Form B— produced with Institute support that products) generated during the grant
Certificate of State Approval (for specifies that the points of view period to grant costs.
applications from local trial or appellate expressed in the document or tape do In-kind match consists of
courts or agencies); Form C—Project not necessarily represent the official contributions of time and/or services of
Budget/Tabular Format or Form C1— position or policies of the Institute. See current staff members, space, supplies,
Project Budget/Spreadsheet Format; section VIII.A.11.a.(2) for the precise etc., made to the project by the grantee
Form D—Assurances; Disclosure of wording of this statement. or others (e.g., advisory board members)
Lobbying Activities; a detailed working directly on the project or that
H. Grant Adjustment portion of the grantee’s Federally
description, not to exceed 25 pages, of
the need for the project and all related A change in the design or scope of a approved indirect cost rate that exceeds
tasks, including the time frame for project from that described in the the Guideline’s limit of permitted
completion of each task, and staffing approved application, acknowledged in charges (75% of salaries and benefits).
requirements; and a detailed budget writing by the Institute. See section X.A Under normal circumstances,
narrative that provides the basis for all for a list of the types of changes allowable match may be incurred only
costs. See section VI. for a complete requiring a formal grant adjustment. during the project period. When
description of application submission Changes requiring a Grant Adjustment appropriate, and with the prior written
requirements. See Appendix D for the (including budget reallocations between permission of the Institute, match may
application forms. direct cost categories that individually be incurred from the date of the Board
or cumulatively exceed five percent of of Directors’ approval of an award.
C. Close-out the approved original budget) must be Match does not include the time of
The process by which the Institute requested at least 30 days in advance of participants attending an education
determines that all applicable the implementation of the requested program.
administrative and financial actions and change, except in the most See section VIII.A.8. for the Institute’s
all required grant work have been extraordinary circumstances. matching requirements.

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M. Partner Grant S. State Supreme Court 2. The applicant demonstrates a


The highest appellate court in a State, record of substantial experience in the
A flexible, loosely defined grant that field of judicial education and training.
maximizes the ability of SJI to pair with or, for the purposes of the Institute
D. Other eligible grant recipients (42
other government or philanthropic program, a constitutionally or
U.S.C. 10705 (b)(2)(A)–(D)).
organizations to channel pooled legislatively established judicial council
1. Provided that the objectives of the
financial resources to the most pressing that acts in place of that court. In States
project can be served better, the Institute
dilemmas confronting State and local having more than one court with final
is also authorized to make awards to:
courts. The amount and duration of appellate authority, State Supreme
a. Nonprofit organizations with
these grants will be determined on a Court means that court which also has
expertise in judicial administration;
case-by-case basis. The grant guidelines administrative responsibility for the b. Institutions of higher education;
under which grantees will operate is State’s judicial system. State Supreme c. Individuals, partnerships, firms,
likely to be an amalgam of the grant Court also includes the office of the corporations (for-profit organizations
management best practices of SJI and its court or council, if any, it designates to must waive their fees); and
partner financiers. perform the functions described in this d. Private agencies with expertise in
Guideline. judicial administration.
N. Products 2. The Institute may also make awards
T. Subgrantee
Tangible materials resulting from to State or local agencies and
A State or local court which receives institutions other than courts for
funded projects including, but not Institute funds through the State
limited to: Curricula; monographs; services that cannot be adequately
Supreme Court. provided through nongovernmental
reports; books; articles; manuals;
handbooks; benchbooks; guidelines; U. Technical Assistance Grant arrangements (42 U.S.C. 10705(b)(3)).
videotapes; DVDs; audiotapes; computer E. Inter-agency Agreements. The
A grant, lasting up to 12 months, of Institute may enter into inter-agency
software; and CD–ROM disks. up to $30,000 to a State or local court agreements with Federal agencies (42
O. Project Grant or regional court association to support U.S.C. 10705(b)(4)) and private funders
outside expert assistance in diagnosing to support projects consistent with the
An initial grant lasting up to 36 a problem and developing and purposes of the State Justice Institute
months to support an innovative implementing a response to that Act.
education, research, demonstration, or problem. See section VI.C. for a
technical assistance project that can complete description of Technical V. Types of Projects and Grants; Size of
improve the administration of justice in Assistance Grant application Awards
State courts nationwide. Ordinarily, a requirements. A. Types of Projects
project grant may not exceed $300,000 IV. Eligibility for Award
a year; however, a grant in excess of The Institute supports the following
$200,000 is likely to be rare and The Institute is authorized by general types of projects:
awarded only to support highly Congress to award grants, cooperative 1. Education and training;
promising projects that will have a agreements, and contracts to the 2. Research and evaluation;
significant national impact. following entities and types of 3. Demonstration; and
organizations: 4. Technical assistance.
P. Project-Related Income A. State and local courts and their B. Types of Grants
agencies (42 U.S.C. 10705(b)(1)(A)).
Interest, royalties, registration and In FY 2006, the Institute will support
Each application for funding from a
tuition fees, proceeds from the sale of the following types of grants:
State or local court must be approved,
products, and other earnings generated
consistent with State law, by the State’s 1. Project Grants
as a result of an Institute grant.
Supreme Court or its designated agency See sections II.A., III.O., VI.A., VII.B.
Registration and tuition fees, and
or council. The latter shall receive all and C., and VIII.A. Project Grants will
proceeds from the sale of products
Institute funds awarded to such courts be limited to only the Special Interest
generated during the grant period may
and be responsible for assuring proper categories listed in section II.A. Should
be counted as match. For a more
administration of Institute funds, in an insufficient number of qualifying
complete description of different types
accordance with section IX.C.2. of this applications be received, the Board
of project-related income, see section
Guideline. reserves the right to solicit applications
IX.G.
B. National nonprofit organizations for projects spanning topics beyond
Q. Scholarship controlled by, operating in conjunction those listed in section II.A.
with, and serving the judicial branches
A grant of up to $1,500 awarded to a of State governments (42 U.S.C. 2. Continuation Grants
judge or court manager to cover the cost 10705(b)(1)(B)). See sections II.B., III.D. and VI.B.
of tuition, transportation, and C. National nonprofit organizations
reasonable lodging to attend an out-of- for the education and training of judges 3. Technical Assistance Grants
State educational program within the and support personnel of the judicial See sections II.C., III.U., and VI.C. In
United States or to participate in an branch of State governments (42 U.S.C. FY 2006, the Institute is reserving up to
online course. See section VI.E. for a 10705(b)(1)(C)). An applicant is $300,000 for these grants.
complete description of scholarship considered a national education and
application requirements. training applicant under section 4. Judicial Branch Education Technical
10705(b)(1)(C) if: Assistance Grants
R. Special Condition
1. The principal purpose or activity of See sections II.D., III.K., and VI.D. In
A requirement attached to a grant the applicant is to provide education FY 2006, the Institute is reserving up to
award that is unique to a particular and training to State and local judges $100,000 for Judicial Branch Education
project. and court personnel; and Technical Assistance Grants.

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5. Scholarships 1. Forms e. Disclosure of Lobbying Activities


See sections II.E., III.Q., and VI.E. In a. Application Form (FORM A) Applicants other than units of State or
FY 2006, the Institute is reserving up to local government are required to
The application form requests basic disclose whether they, or another entity
$200,000 for scholarships for judges and
information regarding the proposed that is part of the same organization as
court managers.
project, the applicant, and the total the applicant, have advocated a position
6. Partner Grants amount of funding requested from the before Congress on any issue, and to
See sections II.F., III.M., V., VI.F., VII., Institute. It also requires the signature of identify the specific subjects of their
and VIII.D. an individual authorized to certify on lobbying efforts. (See section VIII.A.7.)
behalf of the applicant that the
C. Maximum Size of Awards information contained in the 2. Project Abstract
1. Applicants for Project Grants may application is true and complete; that The abstract should highlight the
request funding for amounts up to submission of the application has been purposes, goals, methods, and
$300,000. authorized by the applicant; and that if anticipated benefits of the proposed
2. Applicants for Continuation Grants funding for the proposed project is project. It should not exceed 1 single-
may request funding for amounts up to approved, the applicant will comply spaced page on 81⁄2 by 11 inch paper.
$150,000. with the requirements and conditions of
the award, including the assurances set 3. Program Narrative
3. Applicants for Technical The program narrative for an
forth in Form D.
Assistance Grants may request funding application may not exceed 25 double-
for amounts up to $30,000. b. Certificate of State Approval (FORM spaced pages on 81⁄2 by 11 inch paper.
4. Applicants for Judicial Branch B) Margins must be at least 1 inch, and
Education Technical Assistance Grants An application from a State or local type size must be at least 12-point and
may request funding for amounts up to court must include a copy of FORM B 12 cpi. The pages should be numbered.
$20,000. signed by the State’s Chief Justice or This page limit does not include the
5. Applicants for scholarships may Chief Judge, the director of the forms, the abstract, the budget narrative,
request funding for amounts up to designated agency, or the head of the and any appendices containing résumés
$1,500. designated council. The signature and letters of cooperation or
6. SJI and its financial partners may denotes that the proposed project has endorsement. Additional background
set any level of funding for Partner been approved by the State’s highest material should be attached only if it is
Grants, subject to the entire amount of court or the agency or council it has essential to impart a clear
the grant being available at the time of designated. It denotes further that if the understanding of the proposed project.
award; applicants for Partner Grants Institute approved funding for the Numerous and lengthy appendices are
may request any amount of funding. project, the court or the specified strongly discouraged.
D. Length of Grant Periods designee will receive, administer, and The program narrative should address
be accountable for the awarded funds. the following topics:
1. Grant periods for Project Grants
ordinarily may not exceed 36 months. c. Budget Forms (FORM C or C1) a. Project Objectives
Absent extraordinary circumstances, no Applicants may submit the proposed The applicant should include a clear,
grant will continue for more than five project budget either in the tabular concise statement of what the proposed
years. format of FORM C or in the spreadsheet project is intended to accomplish. In
2. Grant periods for Continuation format of FORM C1. Applicants stating the objectives of the project,
Grants ordinarily may not exceed 15 requesting $100,000 or more are applicants should focus on the overall
months. strongly encouraged to use the programmatic objective (e.g., to enhance
3. Grant periods for Technical spreadsheet format. If the proposed understanding and skills regarding a
Assistance Grants and Judicial Branch project period is for more than a year, specific subject, or to determine how a
Education Technical Assistance Grants a separate form should be submitted for certain procedure affects the court and
ordinarily may not exceed 12 months. each year or portion of a year for which litigants) rather than on operational
4. Grant periods for Partner Grants grant support is requested, as well as for objectives (e.g., provide training for 32
will be limited as necessary by SJI and the total length of the project. judges and court managers, or review
its financial partners. In addition to FORM C or C1, data from 300 cases).
VI. Applications applicants must provide a detailed b. Program Areas To Be Covered
budget narrative providing an The applicant should note the Special
A. Project Grants explanation of the basis for the Interest category or categories that are
An application for a Project Grant estimates in each budget category. (See addressed by the proposed project see
must include an application form; section VI.A.4. below.) section II.A.
budget forms (with appropriate If funds from other sources are
documentation); a project abstract, required to conduct the project, either as c. Need for the Project
program narrative, and budget narrative; match or to support other aspects of the If the project is to be conducted in any
a disclosure of lobbying form, when project, the source, current status of the specific location(s), the applicant
applicable; and certain certifications request, and anticipated decision date should discuss the particular needs of
and assurances (see below). See must be provided. the project site(s) to be addressed by the
Appendix D for the Project Grant project and why those needs are not
d. Assurances (FORM D)
application forms. For a summary of the being met through the use of existing
application process, visit the Institute’s This form lists the statutory, programs, procedures, services, or other
Web site (www.statejustice.org) and regulatory, and policy requirements resources.
click on On-Line Tutorials, then Project with which recipients of Institute funds If the project is not site-specific, the
Grant. must comply. applicant should discuss the problems

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72516 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices

that the proposed project would which assistance would be provided; responses from participants in the
address, and why existing programs, how requests would be obtained and the program. When an education project
procedures, services, or other resources type of assistance determined; how involves the development of curricular
cannot adequately resolve those suitable providers would be selected materials, an advisory panel of relevant
problems. The discussion should and briefed; how reports would be experts can be coupled with a test of the
include specific references to the reviewed; and the cost to recipients. curriculum to obtain the reactions of
relevant literature and to the experience (2) Evaluation. Every project must participants and faculty as indicated
in the field. include an evaluation plan to determine above.
whether the project met its objectives. (c) Demonstration. The evaluation
d. Tasks, Methods and Evaluations The evaluation should be designed to plan for a demonstration project should
(1) Tasks and Methods. The applicant provide an objective and independent encompass an assessment of program
should delineate the tasks to be assessment of the effectiveness or effectiveness (e.g., how well did it
performed in achieving the project usefulness of the training or services work?); user satisfaction, if appropriate;
objectives and the methods to be used provided; the impact of the procedures, the cost-effectiveness of the program; a
for accomplishing each task. For technology, or services tested; or the process analysis of the program (e.g.,
example: validity and applicability of the research was the program implemented as
(a) For research and evaluation conducted. In addition, where designed, and/or did it provide the
projects, the applicant should include appropriate, the evaluation process services intended to the targeted
the data sources, data collection should be designed to provide ongoing population?); the impact of the program
strategies, variables to be examined, and or periodic feedback on the (e.g., what effect did the program have
analytic procedures to be used for effectiveness or utility of the project in on the court, and/or what benefits
conducting the research or evaluation order to promote its continuing resulted from the program?); and the
and ensuring the validity and general improvement. The plan should present replicability of the program or
applicability of the results. For projects the qualifications of the evaluator(s);
involving human subjects, the components of the program.
describe the criteria that would be used
discussion of methods should address (d) Technical Assistance. For
to evaluate the project’s effectiveness in
the procedures for obtaining technical assistance projects, applicants
meeting its objectives; explain how the
respondents’ informed consent, should explain how the quality,
evaluation would be conducted,
ensuring the respondents’ privacy and timeliness, and impact of the assistance
including the specific data collection
freedom from risk or harm, and provided would be determined, and
and analysis techniques to be used;
protecting others who are not the develop a mechanism for feedback from
discuss why this approach would be
subjects of research but would be both the users and providers of the
appropriate; and present a schedule for
affected by the research. If the potential technical assistance.
completion of the evaluation within the
exists for risk or harm to human proposed project period. Evaluation plans involving human
subjects, a discussion should be The evaluation plan should be subjects should include a discussion of
included that explains the value of the appropriate to the type of project the procedures for obtaining
proposed research and the methods to proposed. For example: respondents’ informed consent,
be used to minimize or eliminate such (a) Research. An evaluation approach ensuring the respondents’ privacy and
risk. suited to many research projects is a freedom from risk or harm, and
(b) For education and training review by an advisory panel of the protecting others who are not the
projects, the applicant should include research methodology, data collection subjects of the evaluation but would be
the adult education techniques to be instruments, preliminary analyses, and affected by it. Other than the provision
used in designing and presenting the products as they are drafted. The panel of confidentiality to respondents,
program, including the teaching/ should be comprised of independent human subject protection issues
learning objectives of the educational researchers and practitioners ordinarily are not applicable to
design, the teaching methods to be used, representing the perspectives affected participants evaluating an education
and the opportunities for structured by the proposed project. program.
interaction among the participants; how (b) Education and Training. The most
e. Project Management
faculty would be recruited, selected, valuable approaches to evaluating
and trained; the proposed number and educational or training programs The applicant should present a
length of the conferences, courses, reinforce the participants’ learning detailed management plan, including
seminars, or workshops to be conducted experience while providing useful the starting and completion date for
and the estimated number of persons feedback on the impact of the program each task; the time commitments to the
who would attend them; the materials to and possible areas for improvement. project of key staff and their
be provided and how they would be One appropriate evaluation approach is responsibilities regarding each project
developed; and the cost to participants. to assess the acquisition of new task; and the procedures that would
(c) For demonstration projects, the knowledge, skills, attitudes, or ensure that all tasks are performed on
applicant should include the understanding through participant time, within budget, and at the highest
demonstration sites and the reasons feedback on the seminar or training level of quality. In preparing the project
they were selected, or if the sites have event. Such feedback might include a time line, Gantt Chart, or schedule,
not been chosen, how they would be self-assessment of what was learned applicants should make certain that all
identified and their cooperation along with the participant’s response to project activities, including publication
obtained; and how the program or the quality and effectiveness of faculty or reproduction of project products and
procedures would be implemented and presentations, the format of sessions, the their initial dissemination, would occur
monitored. value or usefulness of the material within the proposed project period. The
(d) For technical assistance projects, presented, and other relevant factors. management plan must also provide for
the applicant should explain the types Another appropriate approach would be the submission of Quarterly Progress
of assistance that would be provided; to use an independent observer who and Financial Reports within 30 days
the particular issues and problems for might request both verbal and written after the close of each calendar quarter

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(i.e., no later than January 30, April 30, an article summarizing the project the applicant is a non-judicial unit of
July 30, and October 30). findings that is publishable in a journal Federal, State, or local government, it
Applicants should be aware that the serving the courts community must explain whether the proposed
Institute is unlikely to approve more nationally, an executive summary that services could be adequately provided
than one limited extension of the grant would be disseminated to the project’s by non-governmental entities.
period. Therefore, the management plan primary audience, or both. Applicants
should be as realistic as possible and h. Staff Capability
proposing to conduct empirical research
fully reflect the time commitments of or evaluation projects with national The applicant should include a
the proposed project staff and import should describe how they would summary of the training and experience
consultants. make their data available for secondary of the key staff members and
analysis after the grant period (see consultants that qualify them for
f. Products
section VIII.A.14.a.). conducting and managing the proposed
The program narrative in the The curricula and other products project. Resumes of identified staff
application should contain a description developed through education and should be attached to the application. If
of the products to be developed (e.g., training projects should be designed for one or more key staff members and
training curricula and materials, use outside the classroom so that they consultants are not known at the time of
videotapes, DVDs, articles, manuals, or may be used again by the original the application, a description of the
handbooks), including when they would participants and others in the course of criteria that would be used to select
be submitted to the Institute. The budget their duties. persons for these positions should be
should include the cost of producing In addition, recipients of project included. The applicant also should
and disseminating the product to each grants must prepare a press release identify the person who would be
in-State SJI library (see Appendix A), describing the project and announcing responsible for managing and reporting
State chief justice, State court the results, and distribute the release to on the financial aspects of the proposed
administrator, and other appropriate a list of national and State judicial project.
judges or court personnel. branch organizations. SJI will provide
(1) Dissemination Plan. The press release guidelines and a list of i. Organizational Capacity
application must explain how and to recipients to grantees at least 30 days Applicants that have not received a
whom the products would be before the end of the grant period. grant from the Institute within the past
disseminated; describe how they would (3) Institute Review. Applicants must three years should include a statement
benefit the State courts, including how submit a final draft of all written grant describing their capacity to administer
they could be used by judges and court products to the Institute for review and grant funds, including the financial
personnel; identify development, approval at least 30 days before the systems used to monitor project
production, and dissemination costs products are submitted for publication expenditures (and income, if any), and
covered by the project budget; and or reproduction. For products in a a summary of their past experience in
present the basis on which products and videotape or CD–ROM format, administering grants, as well as any
services developed or provided under applicants must provide for Institute resources or capabilities that they have
the grant would be offered to the courts review of the product at the treatment, that would particularly assist in the
community and the public at large (i.e., script, rough-cut, and final stages of successful completion of the project.
whether products would be distributed development, or their equivalents. No Unless requested otherwise, an
at no cost to recipients, or if costs are grant funds may be obligated for applicant that has received a grant from
involved, the reason for charging publication or reproduction of a final the Institute within the past three years
recipients and the estimated price of the grant product without the written should describe only the changes in its
product) (see section VIII.A.11.b.). approval of the Institute (see section organizational capacity, tax status, or
Ordinarily, applicants should schedule VIII.A.11.e.). financial capability that may affect its
all product preparation and distribution (4) Acknowledgment, Disclaimer, and capacity to administer a grant.
activities within the project period. Logo. Applicants must also include in If the applicant is a non-profit
A copy of each product must be sent all project products a prominent organization (other than a university), it
to the library established in each State acknowledgment that support was must also provide documentation of its
to collect the materials developed with received from the Institute and a 501(c) tax-exempt status as determined
Institute support (a list of these libraries disclaimer paragraph based on the by the Internal Revenue Service and a
is contained in Appendix A). example provided in section copy of a current certified audit report.
Applicants proposing to develop web- VIII.A.11.a.2. of the Guideline. The For purposes of this requirement,
based products should provide for ‘‘SJI’’ logo must appear on the front ‘‘current’’ means no earlier than two
sending a hard-copy document to the cover of a written product, or in the years prior to the present calendar year.
SJI-designated libraries and other opening frames of a video, unless the If a current audit report is not
appropriate audiences to alert them to Institute approves another placement. available, the Institute will require the
the availability of the web site or organization to complete a financial
g. Applicant Status
electronic product (i.e., a written report capability questionnaire, which must be
with a reference to the web site). An applicant that is not a State or signed by a Certified Public Accountant.
Fifteen (15) copies of all project local court and has not received a grant Other applicants may be required to
products must be submitted to the from the Institute within the past three provide a current audit report, a
Institute, along with an electronic years should state whether it is either a financial capability questionnaire, or
version in .html or .pdf format. national non-profit organization both, if specifically requested to do so
(2) Types of Products and Press controlled by, operating in conjunction by the Institute.
Releases. The type of product to be with, and serving the judicial branches
prepared depends on the nature of the of State governments, or a national non- j. Statement of Lobbying Activities
project. For example, in most instances, profit organization for the education and Non-governmental applicants must
the products of a research, evaluation, training of State court judges and submit the Institute’s Disclosure of
or demonstration project should include support personnel (see section IV.). If Lobbying Activities Form, which

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documents whether they, or another grant funds would support only the Purchases of automated data processing
entity that is a part of the same portion of the employee’s time that equipment must comply with section
organization as the applicant, have would be dedicated to new or additional IX.I.2.b.
advocated a position before Congress on duties related to the project.
f. Supplies
any issue, and identifies the specific
b. Fringe Benefit Computation The applicant should provide a
subjects of their lobbying efforts (see
Appendix D). The applicant should provide a general description of the supplies
description of the fringe benefits necessary to accomplish the goals and
k. Letters of Cooperation or Support provided to employees. If percentages objectives of the grant. In addition, the
If the cooperation of courts, are used, the authority for such use applicant should provide the basis for
organizations, agencies, or individuals should be presented, as well as a the amount requested for this
other than the applicant is required to description of the elements included in expenditure category.
conduct the project, the applicant the determination of the percentage rate.
should attach written assurances of g. Construction
cooperation and availability to the c. Consultant/Contractual Services and
Construction expenses are prohibited
application, or send them under Honoraria
except for the limited purposes set forth
separate cover. To ensure sufficient time The applicant should describe the in section VIII.A.16.b. Any allowable
to bring them to the Board’s attention, tasks each consultant would perform, construction or renovation expense
letters of support sent under separate the estimated total amount to be paid to should be described in detail in the
cover must be received by February 17, each consultant, the basis for budget narrative.
2006. compensation rates (e.g., the number of
days multiplied by the daily consultant h. Telephone
4. Budget Narrative rates), and the method for selection. Applicants should include
The budget narrative should provide Rates for consultant services must be set anticipated telephone charges,
the basis for the computation of all in accordance with section IX.I.2.c. distinguishing between monthly charges
project-related costs. When the Prior written Institute approval is and long distance charges in the budget
proposed project would be partially required for any consultant rate in narrative. Also, applicants should
supported by grants from other funding excess of $300 per day; Institute funds provide the basis used to calculate the
sources, applicants should make clear may not be used to pay a consultant monthly and long distance estimates.
what costs would be covered by those more than $900 per day. Honorarium
other grants. Additional background i. Postage
payments must be justified in the same
information or schedules may be manner as consultant payments. Anticipated postage costs for project-
attached if they are essential to related mailings, including distribution
obtaining a clear understanding of the d. Travel of the final product(s), should be
proposed budget. Numerous and Transportation costs and per diem described in the budget narrative. The
lengthy appendices are strongly rates must comply with the policies of cost of special mailings, such as for a
discouraged. the applicant organization. If the survey or for announcing a workshop,
The budget narrative should cover the applicant does not have an established should be distinguished from routine
costs of all components of the project travel policy, then travel rates must be operational mailing costs. The bases for
and clearly identify costs attributable to consistent with those established by the all postage estimates should be included
the project evaluation. Under OMB Institute or the Federal Government (a in the budget narrative.
grant guidelines incorporated by copy of the Institute’s travel policy is
reference in this Guideline, grant funds available upon request). The budget j. Printing/Photocopying
may not be used to purchase alcoholic narrative should include an explanation Anticipated costs for printing or
beverages. of the rate used, including the photocopying project documents,
components of the per diem rate and the reports, and publications should be
a. Justification of Personnel
basis for the estimated transportation included in the budget narrative, along
Compensation
expenses. The purpose of the travel with the bases used to calculate these
The applicant should set forth the should also be included in the narrative. estimates.
percentages of time to be devoted by the
individuals who would staff the e. Equipment k. Indirect Costs
proposed project, the annual salary of Grant funds may be used to purchase Recoverable indirect costs are limited
each of those persons, and the number only the equipment necessary to to no more than 75% of a grantee’s
of work days per year used for demonstrate a new technological direct personnel costs (salaries plus
calculating the percentages of time or application in a court or that is fringe benefits). See sections III.L. and
daily rates of those individuals. The otherwise essential to accomplishing the IX.I.4.
applicant should explain any deviations objectives of the project. Equipment Applicants should describe the
from current rates or established written purchases to support basic court indirect cost rates applicable to the
organizational policies. If grant funds operations ordinarily will not be grant in detail. If costs often included
are requested to pay the salary and approved. The applicant should within an indirect cost rate are charged
related costs for a current employee of describe the equipment to be purchased directly (e.g., a percentage of the time of
a court or other unit of government, the or leased and explain why the senior managers to supervise project
applicant should explain why this acquisition of that equipment is activities), the applicant should specify
would not constitute a supplantation of essential to accomplish the project’s that these costs are not included within
State or local funds in violation of 42 goals and objectives. The narrative its approved indirect cost rate. These
U.S.C. 10706(d)(1). An acceptable should clearly identify which rates must be established in accordance
explanation may be that the position to equipment is to be leased and which is with section IX.I.4. If the applicant has
be filled is a new one established in to be purchased. The method of an indirect cost rate or allocation plan
conjunction with the project or that the procurement should also be described. approved by any Federal granting

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agency, a copy of the approved rate B. Continuation Grants Appendix D for the application forms. A
agreement must be attached to the continuation application should not
1. Purpose
application. repeat information contained in a
Continuation grants are intended to previously approved application or
l. Match support projects that carry out the same other previously submitted materials,
Applicants for Project Grants must type of activities performed under a but should provide specific references
provide a cash match equaling at least previous grant. They are intended to to such materials where appropriate.
50% of the total cost of the project. maintain or enhance the specific For a summary of the application
For example, if the Institute awards program or service produced or process, visit the Institute’s Web site
an applicant $100,000 for a grant, the established during the prior grant (www.statejustice.org) and click on On-
applicant, possibly in combination with period. Line Tutorials, then Continuation Grant.
a third party, would be required to The program narrative should
2. Limitations conform to the length and format
provide a $100,000 cash match (note: a
federal third party may contribute no The award of an initial grant to requirements set forth in section VI.A.3.
more than 49% of the total cost of a support a project does not constitute a However, rather than the topics listed
project). commitment by the Institute to continue there, the program narrative of a
Applicants that do not contemplate funding. For a project to be considered continuation application should
making matching contributions for continuation funding, the grantee include:
continuously throughout the course of must have completed all project tasks a. Project Objectives. The applicant
and met all grant requirements and should clearly and concisely state what
the project or on a task-by-task basis
conditions in a timely manner, absent the continuation project is intended to
must provide a schedule within 30 days
extenuating circumstances or prior accomplish.
after the beginning of the project period
Institute approval of changes to the b. Need for Continuation. The
indicating at what points during the
project design. Continuation grants are applicant should explain why
project period the matching
not intended to provide support for a continuation of the project is necessary
contributions would be made (see
project for which the grantee has to achieve the goals of the project, and
sections III.L., VIII.A.8., and IX.E.1.).
underestimated the amount of time or how the continuation would benefit the
The Institute may waive the cash participating courts or the courts
match requirements only in the most funds needed to accomplish the project
tasks. Absent extraordinary community generally, by explaining, for
extraordinary circumstances (see section example, how the original goals and
VIII.A.8.b.). circumstances, no grant will continue
for more than five years. objectives of the project would be
5. Submission Requirements unfulfilled if it were not continued; or
3. Letters of Intent how the value of the project would be
a. Every applicant must submit an A grantee seeking a continuation grant enhanced by its continuation.
original and three copies of the must inform the Institute, by letter, of its c. Report of Current Project Activities.
application package consisting of FORM intent to submit an application for such The applicant should discuss the status
A; FORM B, if the application is from funding as soon as the need for of all activities conducted during the
a State or local court, or a Disclosure of continued funding becomes apparent previous project period. Applicants
Lobbying Form, if the applicant is not but no less than 120 days before the end should identify any activities that were
a unit of State or local government; the of the current grant period. not completed, and explain why.
Budget Forms (either FORM C or C–1); a. A letter of intent must be no more d. Evaluation Findings. The applicant
the Application Abstract; the Program than 3 single-spaced pages on 81⁄2 by 11 should present the key findings, impact,
Narrative; the Budget Narrative; and any inch paper and contain a concise but or recommendations resulting from the
necessary appendices. thorough explanation of the need for evaluation of the project, if available,
All applications must be sent by first continuation; an estimate of the funds to and how they would be addressed
class or overnight mail or by courier no be requested; and a brief description of during the proposed continuation. If the
later than February 13, 2006. A anticipated changes in the scope, focus, findings are not yet available, the
postmark or courier receipt will or audience of the project. applicant should provide the date by
constitute evidence of the submission b. Within 30 days after receiving a which they would be submitted to the
date. Please mark PROJECT letter of intent, Institute staff will review Institute. Ordinarily, the Board will not
APPLICATION on the application the proposed activities for the next consider an application for continuation
package envelope and send it to: State project period and inform the grantee of funding until the Institute has received
Justice Institute, 1650 King Street, Suite specific issues to be addressed in the the evaluator’s report.
600, Alexandria, VA 22314. continuation application and the date e. Tasks, Methods, Staff, and Grantee
Receipt of each application will be by which the application must be Capability. The applicant should fully
acknowledged in writing. Extensions of submitted. describe any changes in the tasks to be
the deadline for submission of performed, the methods to be used, the
applications will not be granted without 4. Application Format products of the project, and how and to
good cause. An application for a continuation whom those products would be
b. Applicants submitting more than grant must include an application form, disseminated, as well as any changes in
one application may include material budget forms (with appropriate the assigned staff or the grantee’s
that would be identical in each documentation), a project abstract, a organizational capacity. Applicants
application in a cover letter. This program narrative, a budget narrative, a should include, in addition, the criteria
material will be incorporated by Certificate of State Approval—FORM B and methods by which the proposed
reference into each application and (if the applicant is a State or local continuation project would be
counted against the 25-page limit for the court), a Disclosure of Lobbying evaluated.
program narrative. A copy of the cover Activities form (from applicants other f. Task Schedule. The applicant
letter should be attached to each copy than units of State or local government), should present a detailed task schedule
of the application. and any necessary appendices. See and timeline for the next project period.

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g. Other Sources of Support. The In lieu of formal applications, cooperation of specific court officials or
applicant should indicate why other applicants for Technical Assistance committees, other agencies, funding
sources of support would be inadequate, Grants may submit, at any time, an bodies, organizations, or a court other
inappropriate, or unavailable. original and three copies of a detailed than the applicant would be needed to
letter describing the proposed project. adopt the changes recommended by the
5. Budget and Budget Narrative Letters from an individual trial or consultant and approved by the court,
a. Institute Funds appellate court must be signed by the how would they be involved in the
The applicant should provide a presiding judge or manager of that court. review of the recommendations and
Letters from the State court system must development of the implementation
complete budget and budget narrative
be signed by the Chief Justice or State plan?
conforming to the requirements set forth
Court Administrator. Letters from d. Support for the Project From the
in section VI.A.4. above. Changes in the
regional court associations must be State Supreme Court or Its Designated
funding level requested should be
signed by the president of the Agency or Council. If a State or local
discussed in terms of corresponding
association. court submits a request for technical
increases or decreases in the scope of
activities or services to be rendered. In 3. Application Format assistance, it must include written
addition, the applicant should estimate concurrence on the need for the
Although there is no prescribed form technical assistance. This concurrence
the amount of grant funds that would for the letter, or a minimum or
remain unobligated at the end of the may be a copy of SJI Form B (see
maximum page limit, letters of Appendix D) signed by the Chief Justice
current grant period. application should include the of the State Supreme Court or the Chief
b. Matching Contribution following information: Justice’s designee, or a letter from the
a. Need for Funding. What is the
i. Applicants for Continuation Grants State Chief Justice or designee. The
critical need facing the applicant? How
must provide a cash match equaling at concurrence may be submitted with the
would the proposed technical assistance
least 50% of the total cost of the project. help the applicant meet this critical applicant’s letter or under separate
For example, if the Institute awards need? Why cannot State or local cover prior to consideration of the
an applicant $100,000 for a continuation resources fully support the costs of the application. The concurrence also must
grant, the applicant, possibly in required consultant services? specify whether the State Supreme
combination with a third party, would b. Project Description. What tasks Court would receive, administer, and
be required to provide a $100,000 cash would the consultant be expected to account for the grant funds, if awarded,
match (note: a federal third party may perform, and how would they be or would designate the local court or a
contribute no more than 49% of the accomplished? Which organization or specified agency or council to receive
total cost of a project). individual would be hired to provide the funds directly.
ii. The Institute may waive the cash the assistance, and how was this 4. Budget and Matching State
match requirements in extraordinary consultant selected? If a consultant has Contribution
circumstances (see section VIII.A.8.c.). not yet been identified, what procedures
and criteria would be used to select the A completed Form E, Line-Item
6. References to Previously Submitted Budget Form (see Appendix E), and
Material consultant? (Applicants are expected to
follow their jurisdictions’ normal budget narrative must be included with
A continuation application should not procedures for procuring consultant the letter requesting technical
repeat information contained in a services.) What specific tasks would the assistance. The estimated cost of the
previously approved application or consultant(s) and court staff undertake? technical assistance services should be
other previously submitted materials, What is the schedule for completion of broken down into the categories listed
but should provide specific references each required task and the entire on the budget form rather than
to such materials where appropriate. project? How would the applicant aggregated under the Consultant/
oversee the project and provide Contractual category.
7. Submission Requirements
guidance to the consultant, and who at The budget narrative should provide
The submission requirements set forth the court or association would be the basis for all project-related costs,
in section VI.A.5., other than the responsible for coordinating all project including the basis for determining the
mailing deadline, apply to continuation tasks and submitting quarterly progress estimated consultant costs, if
applications. and financial status reports? compensation of the consultant is
C. Technical Assistance Grants If the consultant has been identified, required (e.g., the number of days per
the applicant should provide a letter task times the requested daily
1. Purpose and Scope from that individual or organization consultant rate). Applicants should be
Technical Assistance Grants are documenting interest in and availability aware that consultant rates above $300
awarded to State and local courts and for the project, as well as the per day must be approved in advance by
regional court associations to obtain the consultant’s ability to complete the the Institute, and that no consultant will
assistance of outside experts in assignment within the proposed time be paid more than $900 per day from
diagnosing, developing, and frame and for the proposed cost. The Institute funds. In addition, the budget
implementing a response to a particular consultant must agree to submit a should provide for submission of two
problem in a jurisdiction. detailed written report to the court and copies of the consultant’s final report to
the Institute upon completion of the the Institute.
2. Application Procedures. A match must be provided in an
technical assistance.
For a summary of the application c. Likelihood of Implementation. amount equal to at least 50% of the
procedures for Technical Assistance What steps have been or would be taken grant amount requested, and 20% of the
Grants, visit the Institute’s Web site to facilitate implementation of the match provided must be cash. The
(www.statejustice.org) and click On-Line consultant’s recommendations upon Institute may waive the match and cash
Tutorials, then Technical Assistance completion of the technical assistance? match requirements in extraordinary
Grant. For example, if the support or circumstances (see section VIII.A.8.b.).

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Recipients of Technical Assistance administration by State or local courts; detailed written report to the court and
Grants do not have to submit an audit faculty development; and/or topical the Institute upon completion of the
report but must maintain appropriate program presentations. Such assistance technical assistance.
documentation to support expenditures may be tailored to address the needs of (3) Likelihood of Implementation.
(see section VIII.A.3.). a particular State or local court or What steps have been or would be taken
specific categories of court employees to facilitate implementation of the
5. Submission Requirements throughout a State or in a region. consultant’s recommendations upon
Letters of application may be completion of the technical assistance?
2. Application Procedures
submitted at any time; however, all of For example, if the support or
the letters received during a calendar For a summary of the application cooperation of specific court or
quarter will be considered at one time. procedures for Judicial Branch association officials or committees,
Applicants submitting letters by January Education Technical Assistance Grants, other agencies, funding bodies,
6, 2006 will be notified of the Institute’s visit the Institute’s Web site organizations, or a court other than the
decision by April 7, 2006; those (www.statejustice.org) and click on On- applicant would be needed to adopt the
submitting letters between January 9 Line Tutorials, then Judicial Branch changes recommended by the
and February 24, 2006 will be notified Education Technical Assistance Grant. consultant and approved by the
by June 9, 2006; those submitting letters In lieu of formal applications, applicant, how would they be involved
between February 24 and June 2, 2006 applicants should submit an original in the review of the recommendations
will be notified by September 15, 2006; and three photocopies of a detailed and development of the implementation
and those submitting letters between letter. plan?
June 5 and September 22, 2006 will be 3. Application Format (4) Support for the Project From the
notified by December 1, 2006. State Supreme Court or Its Designated
If the support or cooperation of Although there is no prescribed
format for the letter, or a minimum or Agency or Council. If a State or local
agencies, funding bodies, organizations, court submits an application, it must
or courts other than the applicant would maximum page limit, letters of
application should include the include written concurrence on the
be needed in order for the consultant to need for the technical assistance. This
perform the required tasks, written following information:
a. For On-Site Consultant Assistance: concurrence may be a copy of SJI Form
assurances of such support or B (see Appendix D) signed by the Chief
(1) Need for Funding. What is the
cooperation should accompany the Justice of the State Supreme Court or the
critical judicial branch educational need
application letter. Support letters also Chief Justice’s designee, or a letter from
facing the court or association? How
may be submitted under separate cover; the State Chief Justice or designee. The
would the proposed technical assistance
however, to ensure that there is concurrence may be submitted with the
help the applicant meet this critical
sufficient time to bring them to the applicant’s letter or under separate
need? Why cannot State or local
attention of the Board’s Technical cover prior to consideration of the
resources fully support the costs of the
Assistance Grant Committee, letters sent application. The concurrence also must
required consultant services?
under separate cover must be received (2) Project Description. What tasks specify whether the State Supreme
by the same date as the technical would the consultant be expected to Court would receive, administer, and
assistance request being supported. perform, and how would they be account for the grant funds, if awarded,
D. Judicial Branch Education Technical accomplished? Which organization or or would designate the local court or a
Assistance Grants individual would be hired to provide specified agency or council to receive
the assistance, and how was this the funds directly.
1. Purpose and Scope consultant selected? If a consultant has b. For Adaptation of a Curriculum: (1)
Judicial Branch Education Technical not yet been identified, what procedures Project Description. What is the title of
Assistance (JBE TA) Grants are awarded and criteria would be used to select the the model curriculum to be adapted and
to State and local courts and court consultant? (Applicants are expected to who originally developed it with
associations to support: (1) The follow their jurisdictions’ normal Institute funding? Why is this education
provision of expert strategic assistance procedures for procuring consultant program needed at the present time?
designed to enable them to present services.) What specific tasks would the What are the project’s goals? What are
judicial branch education programs; consultant(s) and court staff or the learning objectives of the adapted
and/or (2) replication or modification of association members undertake? What is curriculum? What program components
a model training program originally the schedule for completion of each would be implemented, and what types
developed with Institute funds. required task and the entire project? of modifications, if any, are anticipated
Ordinarily, the Institute will support the How would the applicant oversee the in length, format, learning objectives,
adaptation of a specific curriculum once project and provide guidance to the teaching methods, or content? Who
(i.e., with one grant) in a given State. consultant, and who at the court or would be responsible for adapting the
JBE TA Grants may support affiliated with the association would be model curriculum? Who would the
consultant assistance in maintaining or responsible for coordinating all project participants be, how many would there
developing systematic or innovative tasks and submitting quarterly progress be, how would they be recruited, and
judicial branch educational and financial status reports? from where would they come (e.g., from
programming. The assistance might If the consultant has been identified, across the State, from a single local
include expert consultation in the applicant should provide a letter jurisdiction, from a multi-State region)?
developing strategic plans to ensure the from that individual or organization (2) Need for Funding. Why are
continued provision of judicial branch documenting interest in and availability sufficient State or local resources
education programming despite fiscal for the project, as well as the unavailable to fully support the
constraints; development of improved consultant’s ability to complete the modification and presentation of the
methods for assessing the need for, and assignment within the proposed time model curriculum? What is the potential
evaluating the quality and impact of, frame and for the proposed cost. The for replicating or integrating the adapted
court education programs and their consultant must agree to submit a curriculum in the future using State or

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72522 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices

local funds, once it has been the date of the proposed program to application unless the applicant’s
successfully adapted and tested? allow sufficient time for needed request to attend a different course that
(3) Likelihood of Implementation. planning. For example, a court that meets the eligibility requirements is
What is the proposed timeline, plans to conduct an education program approved in writing by the Institute.
including the project start and end in June 2006 should submit its Decisions on such requests will be made
dates? On what date(s) would the application no later than January 6, within 30 days after the receipt of the
judicial branch education program be 2006, in time for the Board’s Spring request letter.
presented? What process would be used meeting.
to modify and present the program? 2. Eligibility Requirements
Who would serve as faculty, and how E. Scholarships For a summary of the scholarship
were they selected? What measures 1. Purpose and Scope award process, visit the Institute’s Web
would be taken to facilitate subsequent site at www.statejustice.org and click on
The purposes of the Institute’s
presentations of the program? On-Line Tutorials, then Scholarship.
scholarship program are to enhance the
Ordinarily, an independent evaluation a. Recipients. Scholarships can be
skills, knowledge, and abilities of judges
of a curriculum adaptation project is not awarded only to full-time judges of State
and court managers; enable State court
required; however, the results of any or local trial and appellate courts; full-
judges and court managers to attend out-
evaluation should be included in the time professional, State, or local court
of-State educational programs
final report. personnel with management
(4) Expressions of Interest by Judges sponsored by national and State
responsibilities; and supervisory and
and/or Court Personnel. Does the providers that they could not otherwise
management probation personnel in
proposed program have the support of attend because of limited State, local,
judicial branch probation offices. Senior
the court system or association and personal budgets; allow State court
judges, part-time judges, quasi-judicial
leadership, and of judges, court judges and court managers to enroll and
hearing officers including referees and
managers, and judicial branch education participate in online courses; and
commissioners, administrative law
personnel who are expected to attend provide States, judicial educators, and
judges, staff attorneys, law clerks, line
(applicants may demonstrate this by the Institute with evaluative information
staff, law enforcement officers, and
attaching letters of support)? on a range of judicial and court-related
other executive branch personnel are
(5) Chief Justice’s Concurrence. Local education programs.
Scholarships will be granted to not eligible to receive a scholarship.
courts should attach a concurrence form b. Courses. A scholarship can be
signed by the Chief Justice of the State individuals only for the purposes of
awarded only for a course presented in
or his or her designee (see Appendix D, attending an educational program in
a State other than the one in which the
FORM B). another State or enrolling in an online
applicant resides or works or online.
educational program. An applicant may
4. Budget and Matching State The course must be designed to enhance
apply for a scholarship for only one
Contribution the skills of new or experienced judges
educational program during any one
and court managers; or be offered by a
Applicants should attach a copy of application cycle.
Scholarship funds may be used only recognized graduate program for judges
budget Form E (see Appendix E) and a or court managers. The annual or mid-
budget narrative (see A.4.d. in this to cover the costs of tuition,
transportation, and reasonable lodging year meeting of a State or national
section) that describes the basis for the organization of which the applicant is a
computation of all project-related costs expenses (not to exceed $150 per night,
including taxes). Transportation member does not qualify as an out-of-
and the source of the match offered. As State educational program for
with TA grants to State or local courts, expenses may include round-trip coach
airfare or train fare. Scholarship scholarship purposes, even though it
a match must be provided in an amount may include workshops or other
equal to at least 50% of the grant recipients are strongly encouraged to
take advantage of excursion or other training sessions.
amount requested. Recipients of JBE TA Applicants are encouraged not to wait
grants are not required to provide a cash special airfares (e.g., reductions offered
when a ticket is purchased 21 days in for the decision on a scholarship to
match. The Institute may waive the register for an educational program they
match requirements in extraordinary advance of the travel date) when making
their travel arrangements. Recipients wish to attend.
circumstances (see section VIII.A.8.b.). c. Limitation. Applicants may not
who drive to a program site may receive
5. Submission Requirements $.485/mile up to the amount of the receive more than one scholarship in a
advanced-purchase round-trip airfare three-year period unless the course
Letters of application may be
between their homes and the program specifically assumes multi-year
submitted at any time; however, all of
sites. Funds to pay tuition, participation.
the letters received during a calendar
quarter will be considered at one time. transportation, and lodging expenses in 3. Forms
Applicants submitting letters by January excess of $1,500 and other costs of
attending the program—such as meals, a. Scholarship Application—FORM S1
6, 2006 will be notified of the Institute’s
materials, transportation to and from (Appendix F)
decision by April 7, 2006; those
submitting letters between January 9 airports, and local transportation The Scholarship Application requests
and February 24, 2006 will be notified (including rental cars)—at the program basic information about the applicant
by June 9, 2006; those submitting letters site must be obtained from other sources and the educational program the
between February 24 and June 2, 2006 or borne by the scholarship recipient. applicant would like to attend. It also
will be notified by September 15, 2006; Scholarship applicants are encouraged addresses the applicant’s commitment
and those submitting letters between to check other sources of financial to share the skills and knowledge gained
June 5 and September 22, 2006 will be assistance and to combine aid from with local court colleagues and to
notified by December 1, 2006. various sources whenever possible. submit an evaluation of the program the
For curriculum adaptation requests, A scholarship is not transferable to applicant attends. The Scholarship
applicants should allow at least 60 days another individual. It may be used only Application must bear the original
between the notification deadline and for the course specified in the signature of the applicant. Faxed or

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photocopied signatures will not be cash match applied to Project and Interest categories set forth in section
accepted. The Institute anticipates Continuation Grants. SJI realizes that II.A.
switching to an electronic scholarship many worthy potential applicants will b. In determining which projects to
application process sometime during not be able to make the cash match support, the Institute will also consider
fiscal year 2006. requirement. Therefore, it is incumbent whether the applicant is a State court,
upon SJI to attempt to actively bring a national court support or education
b. Scholarship Application organization, a non-court unit of
resources, needs, and capabilities
Concurrence—FORM S2 (Appendix F) government, or other type of entity
together to further the interests of all.
Judges and court managers applying The terms and conditions of Partner eligible to receive grants under the
for scholarships must submit the written Grants have been loosely defined to Institute’s enabling legislation (see
concurrence of the Chief Justice of the maximize participation by potential section IV.); the availability of financial
State’s Supreme Court (or the Chief financial partners. SJI anticipates that assistance from other sources for the
Justice’s designee) on the Institute’s many awards under this program will be project; the amount of the applicant’s
Judicial Education Scholarship one of a kind and will require unique match; the extent to which the proposed
Concurrence form (see Appendix F). grant application and management project would also benefit the Federal
The signature of the presiding judge of procedures. courts or help State courts enforce
the applicant’s court cannot be Therefore, the application procedures Federal constitutional and legislative
substituted for that of the Chief Justice for Partner Grants will be determined by requirements; and the level of
or the Chief Justice’s designee. Court SJI and its financial partners on a case- appropriations available to the Institute
managers, other than elected clerks of by-case basis. in the current year and the amount
court, also must submit a letter of expected to be available in succeeding
VII. Application Review Procedures
support from their immediate fiscal years.
supervisors. A. Preliminary Inquiries
2. Technical Assistance Grant
4. Submission Requirements The Institute staff will answer Applications
inquiries concerning application
Scholarship applications must be Technical Assistance Grant
procedures. The staff contact will be
submitted during the periods specified applications will be rated on the basis
named in the Institute’s letter
below: of the following criteria:
acknowledging receipt of the
January 2 and February 27, 2006—for a. Whether the assistance would
application.
programs beginning between April 1 address a critical need of the applicant;
and June 30, 2006; B. Selection Criteria b. The soundness of the technical
March 30 and May 26, 2006—for assistance approach to the problem;
1. Project and Continuation Grant c. The qualifications of the
programs beginning between July 1 and
Applications consultant(s) to be hired, or the specific
September 30, 2006;
July 3 and August 25, 2006—for a. Project and Continuation Grant criteria that will be used to select the
programs beginning between October 1 applications will be rated on the basis consultant(s);
and December 31, 2006; and of the criteria set forth below. The d. The commitment of the court or
October 2 and December 1, 2006—for Institute will accord the greatest weight association to act on the consultant’s
programs beginning between January 1 to the following criteria: recommendations; and,
and March 31, 2007. (1) The soundness of the e. The reasonableness of the proposed
No exceptions or extensions will be methodology; budget.
granted. Applications sent prior to the (2) The demonstration of need for the The Institute also will consider factors
beginning of an application period will project; such as the level and nature of the
be treated as having been sent one week (3) The appropriateness of the match that would be provided, diversity
after the beginning of that application proposed evaluation design; of subject matter, geographic diversity,
period. All the required items must be (4) If applicable, the key findings and the level of appropriations available to
received for an application to be recommendations of the most recent the Institute in the current year, and the
considered. If the Concurrence form or evaluation and the proposed responses amount expected to be available in
letter of support is sent separately from to those findings and recommendations; succeeding fiscal years.
the application, the postmark date of the (5) The applicant’s management plan
and organizational capabilities; 3. Judicial Branch Education Technical
last item to be sent will be used in Assistance Grant Applications
applying the above criteria. (6) The qualifications of the project’s
All applications should be sent by staff; Judicial Branch Education Technical
mail or courier (not fax or e-mail) to: (7) The products and benefits Assistance Grant applications will be
Scholarship Program Coordinator, State resulting from the project, including the rated on the basis of the following
Justice Institute, 1650 King Street, Suite extent to which the project will have criteria:
600, Alexandria, VA 22314. long-term benefits for State courts across a. For on-site consultant assistance:
the nation; (1) Whether the assistance would
F. Partner Grants (8) The degree to which the findings, address a critical need of the court or
procedures, training, technology, or association;
1. Purpose and Scope
other results of the project can be (2) The soundness of the technical
The purpose of the Institute’s Partner transferred to other jurisdictions; assistance approach to the problem;
Grants is to marry government and (9) The reasonableness of the (3) The qualifications of the
philanthropic organizations rich in proposed budget; consultant(s) to be hired, or the specific
financial resources with courts and (10) The demonstration of cooperation criteria that will be used to select the
court-related organizations that are long and support of other agencies that may consultant(s);
on talent but short on cash. These grants be affected by the project; and, (4) The commitment of the court or
are a direct response to the (11) The proposed project’s association to act on the consultant’s
Congressionally mandated 50 percent relationship to one of the Special recommendations; and,

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72524 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices

(5) The reasonableness of the court-related organizations most D. Return Policy


proposed budget. acceptable as pilots, laboratories, Unless a specific request is made,
b. For curriculum adaptation projects: consultants, or the like. unsuccessful applications will not be
(1) The goals and objectives of the returned. Applicants are advised that
proposed project; C. Review and Approval Process
Institute records are subject to the
(2) The need for outside funding to 1. Project and Continuation Grant provisions of the Federal Freedom of
support the program; Applications Information Act, 5 U.S.C. 552.
(3) The appropriateness of the
approach in achieving the project’s The Institute’s Board of Directors will E. Notification of Board Decision
educational objectives; review the applications competitively.
1. The Institute will send written
(4) The likelihood of effective The Institute staff will prepare a
notice to applicants concerning all
implementation and integration of the narrative summary and a rating sheet
Board decisions to approve, defer, or
modified curriculum into ongoing assigning points for each relevant
deny their respective applications. For
educational programming; and, selection criterion. The staff will present
all applications (except scholarships),
(5) Expressions of interest by the the narrative summaries and rating
the Institute also will convey the key
judges and/or court personnel who sheets to the Board for its review. The
issues and questions that arose during
would be directly involved in or Board will review all application
the review process. A decision by the
affected by the project. summaries and decide which projects it
Board to deny an application may not be
The Institute will also consider factors will fund. The decision to fund a project
appealed, but it does not prohibit
such as the reasonableness of the is solely that of the Board of Directors.
resubmission of a proposal based on
amount requested, compliance with The Chairman of the Board will sign that application in a subsequent funding
match requirements, diversity of subject approved awards on behalf of the cycle. The Institute will also notify the
matter, geographic diversity, the level of Institute. State court administrator when grants
appropriations available in the current
2. Technical Assistance and Judicial are approved by the Board to support
year, and the amount expected to be
Branch Education Technical Assistance projects that will be conducted by or
available in succeeding fiscal years.
Grant Applications involve courts in that State.
4. Scholarships 2. The Institute intends to notify each
Scholarships will be awarded on the The Institute staff will prepare a scholarship applicant of the Board
basis of: narrative summary of each application committee’s decision within 30 days
a. The date on which the application and a rating sheet assigning points for after the close of the relevant
and concurrence (and support letter, if each relevant selection criterion. The application period.
required) were sent; Board of Directors has delegated its F. Response to Notification of Approval
b. The unavailability of State or local authority to approve Technical
Assistance and Judicial Branch With the exception of those approved
funds or scholarship funds from another
Education Technical Assistance Grants for scholarships, applicants have 30
source to cover the costs of attending
to the committee established for each days from the date of the letter notifying
the program, or participating online;
program. The committee will review the them that the Board has approved their
c. The absence of educational
applications competitively. application to respond to any revisions
programs in the applicant’s State
requested by the Board. If the requested
addressing the topic(s) covered by the The Chairman of the Board will sign
revisions (or a reasonable schedule for
educational program for which the approved awards on behalf of the
submitting such revisions) have not
scholarship is being sought; Institute.
been submitted to the Institute within
d. Geographic balance among the
3. Scholarships 30 days after notification, the approval
recipients;
e. The balance of scholarships among may be rescinded and the application
A committee of the Institute’s Board presented to the Board for
educational programs; of Directors will review scholarship
f. The balance of scholarships among reconsideration.
applications quarterly. The Board of
the types of courts represented; and, Directors has delegated its authority to VIII. Compliance Requirements
g. The level of appropriations approve scholarships to the committee The State Justice Institute Act
available to the Institute in the current established for the program. The contains limitations and conditions on
year and the amount expected to be committee will review the applications grants, contracts, and cooperative
available in succeeding fiscal years. competitively. In the event of a tie vote, agreements awarded by the Institute.
The postmark or courier receipt will the Chairman will serve as the tie- The Board of Directors has approved
be used to determine the date on which breaker. additional policies governing the use of
the application form and other required
The Chairman of the Board will sign Institute grant funds. These statutory
items were sent.
approved awards on behalf of the and policy requirements are set forth
5. Partner Grants Institute. below.
It seems probable that the selection 4. Partner Grants A. Recipients of Project and
criteria for Partner Grants will be driven Continuation Grants
by the collective priorities of the SJI’s internal process for the review
‘‘bankers’ roundtable’’ that forms and approval of Partner Grants will 1. Advocacy
around this grant-making opportunity depend upon negotiations with fellow No funds made available by the
and the collective assessments of financiers. SJI may use its procedures, a Institute may be used to support or
roundtable participants regarding the partner’s procedures, a mix of both, or conduct training programs for the
needs and capabilities of court and entirely unique procedures. All Partner purpose of advocating particular
court-related organizations. Having Grants will have to be approved by the nonjudicial public policies or
settled on priorities, SJI and its financial Board of Directors on whatever schedule encouraging nonjudicial political
partners will likely contact the courts or makes sense at the time. activities. 42 U.S.C. 10706(b).

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2. Approval of Key Staff negotiating or has any arrangement the specific subject matter of the
If the qualifications of an employee or concerning prospective employment, application.
consultant assigned to a key project staff has a financial interest.
b. In the use of Institute project funds, 8. Matching Requirements
position are not described in the
application or if there is a change of a an official or employee of a recipient All grantees other than scholarship
person assigned to such a position, the court or organization shall avoid any recipients are required to provide a
recipient must submit a description of action which might result in or create match (see section III.L. for the
the qualifications of the newly assigned the appearance of: definition of match). The amount and
person to the Institute. Prior written (1) Using an official position for nature of required match depends on
approval of the qualifications of the new private gain; or the type grant and the duration of the
(2) Affecting adversely the confidence Institute’s support.
person assigned to a key staff position
of the public in the integrity of the The grantee is responsible for
must be received from the Institute
Institute program. ensuring that the total amount of match
before the salary or consulting fee of
c. Requests for proposals or proposed is actually contributed. If a
that person and associated costs may be
invitations for bids issued by a recipient proposed contribution is not fully met,
paid or reimbursed from grant funds.
of Institute funds or a subgrantee or the Institute may reduce the award
3. Audit subcontractor will provide notice to amount accordingly, in order to
Recipients of project and continuation prospective bidders that the contractors maintain the ratio originally provided
grants must provide for an annual fiscal who develop or draft specifications, for in the award agreement (see section
audit which includes an opinion on requirements, statements of work, and/ IX.E.1.).
whether the financial statements of the or requests for proposals for a proposed The Board of Directors looks favorably
grantee present fairly its financial procurement will be excluded from upon any unrequired match contributed
position and its financial operations are bidding on or submitting a proposal to by applicants when making grant
in accordance with generally accepted compete for the award of such decisions. Cash match and non-cash
accounting principles (see section IX.K. procurement. match may be provided, subject to the
of the Guideline for the requirements of 6. Inventions and Patents requirements of subsection a. below.
such audits). Scholarship recipients, a. Project and Continuation Grants
Judicial Branch Education Technical If any patentable items, patent rights,
Assistance Grants, and Technical processes, or inventions are produced in All grantees are required to provide a
Assistance Grants are not required to the course of Institute-sponsored work, cash match equaling at least 50% of the
submit an audit, but they must maintain such fact shall be promptly and fully total project cost. For example, if SJI
appropriate documentation to support reported to the Institute. Unless there is awards a grantee $100,000, the grantee
all expenditures. a prior agreement between the grantee would be required to provide $100,000
and the Institute on disposition of such in cash match.
4. Budget Revisions items, the Institute shall determine
whether protection of the invention or b. Waiver.
Budget revisions among direct cost
categories that: (a) Transfer grant funds discovery shall be sought. The Institute (1) The match requirement may be
to an unbudgeted cost category, or (b) will also determine how the rights in waived in exceptionally rare
individually or cumulatively exceed the invention or discovery, including circumstances upon the request of the
five percent of the approved original rights under any patent issued thereon, Chief Justice of the highest court in the
budget or the most recently approved shall be allocated and administered in State or the highest ranking official in
revised budget require prior Institute order to protect the public interest the requesting organization and
approval. Failure to comply with these consistent with ‘‘Government Patent approval by the Board of Directors. 42
requirements could result in the Policy’’ (President’s Memorandum for U.S.C. 10705(d).
termination of a grantee’s award. Heads of Executive Departments and (2) The Board of Directors encourages
Agencies, February 18, 1983, and all applicants to provide the maximum
5. Conflict of Interest statement of Government Patent Policy). amount of cash and in-kind match
Personnel and other officials possible, even if a waiver is approved.
connected with Institute-funded 7. Lobbying
The amount and nature of match are
programs must adhere to the following a. Funds awarded to recipients by the criteria in the grant selection process
requirements: Institute shall not be used, indirectly or (see section VII.B.1.b.).
a. No official or employee of a directly, to influence Executive Orders
recipient court or organization shall or similar promulgations by Federal, 9. Nondiscrimination
participate personally through decision, State or local agencies, or to influence No person may, on the basis of race,
approval, disapproval, recommendation, the passage or defeat of any legislation sex, national origin, disability, color, or
the rendering of advice, investigation, or by Federal, State or local legislative creed be excluded from participation in,
otherwise in any proceeding, bodies. 42 U.S.C. 10706(a). denied the benefits of, or otherwise
application, request for a ruling or other b. It is the policy of the Board of subjected to discrimination under any
determination, contract, grant, Directors to award funds only to support program or activity supported by
cooperative agreement, claim, applications submitted by organizations Institute funds. Recipients of Institute
controversy, or other particular matter that would carry out the objectives of funds must immediately take any
in which Institute funds are used, their applications in an unbiased measures necessary to effectuate this
where, to his or her knowledge, he or manner. Consistent with this policy and provision.
she or his or her immediate family, the provisions of 42 U.S.C. 10706, the
partners, organization other than a Institute will not knowingly award a 10. Political Activities
public agency in which he or she is grant to an applicant that has, directly No recipient may contribute or make
serving as officer, director, trustee, or through an entity that is part of the available Institute funds, program
partner, or employee or any person or same organization as the applicant, personnel, or equipment to any political
organization with whom he or she is advocated a position before Congress on party or association, or the campaign of

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72526 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices

any candidate for public or party office. costs through the sale of grant products. Institute’s Web site,
Recipients are also prohibited from Written requests to recover costs www.statejustice.org.).
using funds in advocating or opposing ordinarily should be received during the (4) Where possible and cost-effective,
any ballot measure, initiative, or grant period and should specify the hard copies of products sent to SJI
referendum. Officers and employees of nature and extent of the costs to be depository libraries should be bound
recipients shall not intentionally recouped, the reason that such costs rather than put in a ring binder.
identify the Institute or recipients with were not budgeted (if the rationale was Grantees that develop web-based
any partisan or nonpartisan political not disclosed in the approved electronic products must send a hard-
activity associated with a political party application), the number of copies to be copy document to the SJI-designated
or association, or the campaign of any sold, the intended audience for the libraries and other appropriate
candidate for public or party office. 42 products to be sold, and the proposed audiences to alert them to the
U.S.C. 10706(a). sale price. If the product is to be sold availability of the Web site or electronic
for more than $25, the written request product. Recipients of Judicial Branch
11. Products
also should include a detailed Education Technical Assistance and
a. Acknowledgment, Logo, and itemization of costs that will be Technical Assistance Grants are not
Disclaimer recovered and a certification that the required to submit final products to
(1) Recipients of Institute funds must costs were not supported by either State libraries.
acknowledge prominently on all Institute grant funds or grantee (5) A press release describing the
products developed with grant funds matching contributions. project and announcing the results to a
that support was received from the (3) In the event that the sale of grant
products results in revenues that exceed list of national and State judicial branch
Institute. The ‘‘SJI’’ logo must appear on organizations provided by the Institute.
the front cover of a written product, or the costs to develop, produce, and
in the opening frames of a video disseminate the product, the revenue e. Institute Approval
product, unless another placement is must continue to be used for the
authorized purposes of the Institute- No grant funds may be obligated for
approved in writing by the Institute. publication or reproduction of a final
This includes final products printed or funded project or other purposes
consistent with the State Justice product developed with grant funds
otherwise reproduced during the grant without the written approval of the
period, as well as reprintings or Institute Act that have been approved by
the Institute (see sections III.O. and Institute. Grantees shall submit a final
reproductions of those materials draft of each written product to the
following the end of the grant period. A IX.G. for requirements regarding project-
related income realized during the Institute for review and approval. The
camera-ready logo sheet is available draft must be submitted at least 30 days
from the Institute upon request. project period).
before the product is scheduled to be
(2) Recipients also must display the c. Copyrights sent for publication or reproduction to
following disclaimer on all grant Except as otherwise provided in the permit Institute review and
products: ‘‘This [document, film, terms and conditions of an Institute incorporation of any appropriate
videotape, etc.] was developed under award, a recipient is free to copyright changes required by the Institute.
[grant/cooperative agreement] number any books, publications, or other Grantees must provide for timely
SJI-[insert number] from the State copyrightable materials developed in reviews by the Institute of videotape,
Justice Institute. The points of view the course of an Institute-supported DVD or CD-ROM products at the
expressed are those of the [author(s), project, but the Institute shall reserve a treatment, script, rough cut, and final
filmmaker(s), etc.] and do not royalty-free, nonexclusive and stages of development or their
necessarily represent the official irrevocable right to reproduce, publish, equivalents.
position or policies of the State Justice or otherwise use, and to authorize
Institute.’’ f. Original Material
others to use, the materials for purposes
b. Charges for Grant-Related Products/ consistent with the State Justice All products prepared as the result of
Recovery of Costs Institute Act. Institute-supported projects must be
(1) When Institute funds fully cover d. Distribution originally-developed material unless
the cost of developing, producing, and otherwise specified in the award
In addition to the distribution documents. Material not originally
disseminating a product (e.g., a report, specified in the grant application,
curriculum, videotape, or software), the developed that is included in such
grantees shall send: products must be properly identified,
product should be distributed to the (1) Fifteen (15) copies of each final
field without charge. When Institute whether the material is in a verbatim or
product developed with grant funds to
funds only partially cover the extensive paraphrase format.
the Institute, unless the product was
development, production, or developed under either a Technical 12. Prohibition Against Litigation
dissemination costs, the grantee may, Assistance or a Judicial Branch Support
with the Institute’s prior written Education Technical Assistance grant,
approval, recover its costs for in which case submission of 2 copies is No funds made available by the
developing, producing, and required; Institute may be used directly or
disseminating the material to those (2) An electronic version of the indirectly to support legal assistance to
requesting it, to the extent that those product in .html or .pdf format to the parties in litigation, including cases
costs were not covered by Institute Institute; and involving capital punishment.
funds or grantee matching (3) One copy of each final product 13. Reporting Requirements
contributions. developed with grant funds to the
(2) Applicants should disclose their library established in each State to a. Recipients of Institute funds other
intent to sell grant-related products in collect materials prepared with Institute than scholarships must submit
the application. Grantees must obtain support. (A list of the libraries is Quarterly Progress and Financial Status
the written prior approval of the contained in Appendix A. Labels for Reports within 30 days of the close of
Institute of their plans to recover project these libraries are available on the each calendar quarter (that is, no later

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than January 30, April 30, July 30, and protection of persons who are not used for the authorized purposes of the
October 30). The Quarterly Progress subjects of the research but would be Institute-funded project or other
Reports shall include a narrative affected by it, unless such procedures purposes consistent with the State
description of project activities during and safeguards would make the research Justice Institute Act. If such certification
the calendar quarter, the relationship impractical. In such instances, the is not made or the Institute disapproves
between those activities and the task Institute must approve procedures such certification, title to all such
schedule and objectives set forth in the designed by the grantee to provide property with an aggregate or individual
approved application or an approved human subjects with relevant value of $1,000 or more shall vest in the
adjustment thereto, any significant information about the research after Institute, which will direct the
problem areas that have developed and their involvement and to minimize or disposition of the property.
how they will be resolved, and the eliminate risk or harm to those subjects
B. Recipients of Judicial Branch
activities scheduled during the next due to their participation.
Education Technical Assistance and
reporting period. Failure to comply with
15. State and Local Court Applications Technical Assistance Grants
the requirements of this provision could
result in the termination of a grantee’s Each application for funding from a Recipients of Judicial Branch
award. State or local court must be approved, Education Technical Assistance and
b. The quarterly Financial Status consistent with State law, by the State’s Technical Assistance Grants must
Report must be submitted in accordance Supreme Court, or its designated agency comply with the requirements listed in
with section IX.H.2. of this Guideline. A or council. The Supreme Court or its section VIII.A. (except the requirements
final project Progress Report and designee shall receive, administer, and pertaining to audits in section VIII.A.3.
Financial Status Report shall be be accountable for all funds awarded on and product dissemination and
submitted within 90 days after the end the basis of such an application. 42 approval in section VIII.A.11.d. and e.)
of the grant period in accordance with U.S.C. 10705(b)(4). and the reporting requirements below:
section IX.L.1. of this Guideline. 16. Supplantation and Construction 1. Judicial Branch Education Technical
14. Research To ensure that funds are used to Assistance Grant Reporting
supplement and improve the operation Requirements
a. Availability of Research Data for
Secondary Analysis of State courts, rather than to support Recipients of Judicial Branch
basic court services, funds shall not be Education Technical Assistance Grants
Upon request, grantees must make used for the following purposes:
available for secondary analysis a must submit one copy of the manuals,
a. To supplant State or local funds handbooks, conference packets, or
diskette(s) or data tape(s) containing supporting a program or activity (such
research and evaluation data collected consultant’s report developed under the
as paying the salary of court employees grant at the conclusion of the grant
under an Institute grant and the who would be performing their normal
accompanying code manual. Grantees period, along with a final report that
duties as part of the project, or paying includes any evaluation results and
may recover the actual cost of rent for space which is part of the
duplicating and mailing or otherwise explains how the grantee intends to
court’s normal operations); present the educational program in the
transmitting the data set and manual b. To construct court facilities or
from the person or organization future and/or implement the
structures, except to remodel existing
requesting the data. Grantees may consultant’s recommendations, as well
facilities or to demonstrate new
provide the requested data set in the as two copies of the consultant’s report.
architectural or technological
format in which it was created and techniques, or to provide temporary 2. Technical Assistance Grant Reporting
analyzed. facilities for new personnel or for Requirements
b. Confidentiality of Information personnel involved in a demonstration
Recipients of Technical Assistance
or experimental program; or
Except as provided by Federal law c. Solely to purchase equipment. Grants must submit to the Institute one
other than the State Justice Institute Act, copy of a final report that explains how
no recipient of financial assistance from 17. Suspension or Termination of it intends to act on the consultant’s
SJI may use or reveal any research or Funding recommendations, as well as two copies
statistical information furnished under After providing a recipient reasonable of the consultant’s written report.
the Act by any person and identifiable notice and opportunity to submit C. Scholarship Recipients
to any specific private person for any written documentation demonstrating
purpose other than the purpose for why fund termination or suspension 1. Scholarship recipients are
which the information was obtained. should not occur, the Institute may responsible for disseminating the
Such information and copies thereof terminate or suspend funding of a information received from the course to
shall be immune from legal process, and project that fails to comply substantially their court colleagues locally and, if
shall not, without the consent of the with the Act, the Guideline, or the terms possible, throughout the State (e.g., by
person furnishing such information, be and conditions of the award. 42 U.S.C. developing a formal seminar, circulating
admitted as evidence or used for any 10708(a). the written material, or discussing the
purpose in any action, suit, or other information at a meeting or conference).
18. Title to Property Recipients also must submit to the
judicial, legislative, or administrative
proceedings. At the conclusion of the project, title Institute a certificate of attendance at
to all expendable and nonexpendable the program, an evaluation of the
c. Human Subject Protection personal property purchased with educational program they attended, and
All research involving human subjects Institute funds shall vest in the recipient a copy of the notice of any scholarship
shall be conducted with the informed court, organization, or individual that funds received from other sources. A
consent of those subjects and in a purchased the property if certification is copy of the evaluation must be sent to
manner that will ensure their privacy made to and approved by the Institute the Chief Justice of the scholarship
and freedom from risk or harm and the that the property will continue to be recipient’s State. A State or local

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72528 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices

jurisdiction may impose additional 1. Office of Management and Budget obligation, as well as cash advances and
requirements on scholarship recipients. (OMB) Circular A–21, Cost Principles other financial activities, should be
2. To receive the funds authorized by for Educational Institutions. recorded in the financial records of the
a scholarship award, recipients must 2. Office of Management and Budget State Supreme Court or its designee in
submit a Scholarship Payment Voucher (OMB) Circular A–87, Cost Principles summary form. Subgrantee expenditures
(Form S3) together with a tuition for State and Local Governments. should be recorded on the books of the
statement from the program sponsor, a 3. Office of Management and Budget State Supreme Court OR evidenced by
transportation fare receipt (or statement (OMB) Circular A–88, Indirect Cost report forms duly filed by the
of the driving mileage to and from the Rates, Audit and Audit Follow-up at subgrantee. Matching contributions
recipient’s home to the site of the Educational Institutions. provided by subgrantees should
educational program), and a lodging 4. Office of Management and Budget likewise be recorded, as should any
receipt. (OMB) Circular A–102, Uniform project income resulting from program
Administrative Requirements for operations.
Scholarship Payment Vouchers must
Grants-in-Aid to State and Local (3) Budgeting and Budget Review. The
be submitted within 90 days after the
Governments. State Supreme Court or its designee
end of the course which the recipient 5. Office of Management and Budget
attended. should ensure that each subgrantee
(OMB) Circular A–110, Grants and prepares an adequate budget as the basis
3. Scholarship recipients are Agreements with Institutions of Higher
encouraged to check with their tax for its award commitment. The State
Education, Hospitals and Other Non- Supreme Court should maintain the
advisors to determine whether the Profit Organizations.
scholarship constitutes taxable income details of each project budget on file.
6. Office of Management and Budget
under Federal and State law. (4) Accounting for Match. The State
(OMB) Circular A–122, Cost Principles
Supreme Court or its designee will
D. Recipients of Partner Grants for Non-profit Organizations.
7. Office of Management and Budget ensure that subgrantees comply with the
Compliance requirements for Partner (OMB) Circular A–128, Audits of State match requirements specified in this
Grants will likely be determined no later and Local Governments. Guideline (see section VIII.A.8.).
than the time of award, will depend 8. Office of Management and Budget (5) Audit Requirement. The State
upon the best judgments of SJI and its (OMB) Circular A–133, Audits of Supreme Court or its designee is
financial partners, and likely will be Institutions of Higher Education and required to ensure that subgrantees meet
unique to each grant. Other Non-profit Institutions. the necessary audit requirements set
forth by the Institute (see sections K.
IX. Financial Requirements C. Supervision and Monitoring below and VIII.A.3.).
Responsibilities (6) Reporting Irregularities. The State
A. Purpose
1. Grantee Responsibilities Supreme Court, its designees, and its
The purpose of this section is to subgrantees are responsible for
establish accounting system All grantees receiving awards from
promptly reporting to the Institute the
requirements and offer guidance on the Institute are responsible for the
nature and circumstances surrounding
procedures to assist all grantees, with management and fiscal control of all
any financial irregularities discovered.
the possible exception of Partner Grant funds. Responsibilities include
grantees, subgrantees, contractors, and accounting for receipts and D. Accounting System
other organizations in: expenditures, maintaining adequate The grantee is responsible for
1. Complying with the statutory financial records, and refunding establishing and maintaining an
requirements for the award, expenditures disallowed by audits. adequate system of accounting and
disbursement, and accounting of funds; 2. Responsibilities of State Supreme internal controls and for ensuring that
2. Complying with regulatory Court an adequate system exists for each of its
requirements of the Institute for the a. Each application for funding from subgrantees and contractors. An
financial management and disposition a State or local court must be approved, acceptable and adequate accounting
of funds; consistent with State law, by the State’s system:
3. Generating financial data to be used Supreme Court, or its designated agency 1. Properly accounts for receipt of
in planning, managing, and controlling or council (see section III.F.). funds under each grant awarded and the
projects; and b. The State Supreme Court or its expenditure of funds for each grant by
4. Facilitating an effective audit of designee shall receive all Institute funds category of expenditure (including
funded programs and projects. awarded to such courts; be responsible matching contributions and project
for assuring proper administration of income);
B. References 2. Assures that expended funds are
Institute funds; and be responsible for
Except where inconsistent with all aspects of the project, including applied to the appropriate budget
specific provisions of this Guideline, the proper accounting and financial record- category included within the approved
following circulars are applicable to keeping by the subgrantee. These grant;
Institute grants and cooperative responsibilities include: 3. Presents and classifies historical
agreements under the same terms and (1) Reviewing Financial Operations. costs of the grant as required for
conditions that apply to Federal The State Supreme Court or its designee budgetary and evaluation purposes;
grantees. The circulars supplement the should be familiar with, and 4. Provides cost and property controls
requirements of this section for periodically monitor, its subgrantees’ to assure optimal use of grant funds;
accounting systems and financial financial operations, records system, 5. Is integrated with a system of
record-keeping and provide additional and procedures. Particular attention internal controls adequate to safeguard
guidance on how these requirements should be directed to the maintenance the funds and assets covered, check the
may be satisfied. (Circulars may be of current financial data. accuracy and reliability of the
obtained on the OMB Web site at (2) Recording Financial Activities. accounting data, promote operational
www.whitehouse.gov/omb.) The subgrantee’s grant award or contract efficiency, and assure conformance with

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any general or special conditions of the F. Maintenance and Retention of IX.H.2. below). The policies governing
grant; Records the disposition of the various types of
6. Meets the prescribed requirements All financial records, including project-related income are listed below.
for periodic financial reporting of supporting documents, statistical 1. Interest
operations; and records, and all other information
7. Provides financial data for pertinent to grants, subgrants, A State and any agency or
planning, control, measurement, and cooperative agreements, or contracts instrumentality of a State, including
evaluation of direct and indirect costs. under grants, must be retained by each institutions of higher education and
organization participating in a project hospitals, shall not be held accountable
E. Total Cost Budgeting and Accounting for at least three years for purposes of for interest earned on advances of
examination and audit. State Supreme project funds. When funds are awarded
Accounting for all funds awarded by Courts may impose record retention and
the Institute must be structured and to subgrantees through a State, the
maintenance requirements in addition subgrantees are not held accountable for
executed on a TOTAL PROJECT COST to those prescribed in this section.
basis. That is, total project costs, interest earned on advances of project
including Institute funds, State and 1. Coverage funds. Local units of government and
local matching shares, and any other The retention requirement extends to nonprofit organizations that are grantees
fund sources included in the approved books of original entry, source must refund any interest earned.
project budget serve as the foundation documents supporting accounting Grantees shall ensure minimum
for fiscal administration and accounting. transactions, the general ledger, balances in their respective grant cash
Grant applications and financial reports subsidiary ledgers, personnel and accounts.
require budget and cost estimates on the payroll records, canceled checks, and
basis of total costs. 2. Royalties
related documents and records. Source
1. Timing of Matching Contributions documents include copies of all grant The grantee/subgrantee may retain all
and subgrant awards, applications, and royalties received from copyrights or
Matching contributions need not be required grantee/subgrantee financial other works developed under projects or
applied at the exact time of the and narrative reports. Personnel and from patents and inventions, unless the
obligation of Institute funds. Ordinarily, payroll records shall include the time terms and conditions of the grant
the full matching share must be and attendance reports for all provide otherwise.
obligated during the award period; individuals reimbursed under a grant,
however, with the written permission of subgrant or contract, whether they are 3. Registration and Tuition Fees
the Institute, contributions made employed full-time or part-time. Time
following approval of the grant by the and effort reports are required for Registration and tuition fees may be
Institute’s Board of Directors but before consultants. considered as cash match with the prior
the beginning of the grant may be written approval of the Institute.
2. Retention Period Estimates of registration and tuition
counted as match. Grantees that do not
contemplate making matching The three-year retention period starts fees, and any expenses to be offset by
contributions continuously throughout from the date of the submission of the the fees, should be included in the
the course of a project, or on a task-by- final expenditure report. application budget forms and narrative.
task basis, are required to submit a 3. Maintenance
schedule within 30 days after the 4. Income from the Sale of Grant
beginning of the project period Grantees and subgrantees are Products
indicating at what points during the expected to see that records of different
fiscal years are separately identified and If the sale of products occurs during
project period the matching the project period, the income may be
contributions will be made. If a maintained so that requested
information can be readily located. treated as cash match with the prior
proposed cash or in-kind match is not written approval of the Institute. The
fully met, the Institute may reduce the Grantees and subgrantees are also
obligated to protect records adequately costs and income generated by the sales
award amount accordingly to maintain
against fire or other damage. When must be reported on the Quarterly
the ratio of grant funds to matching
funds stated in the award agreement. records are stored away from the Financial Status Reports and
grantee’s/subgrantee’s principal office, a documented in an auditable manner.
2. Records for Match written index of the location of stored Whenever possible, the intent to sell a
records should be on hand, and ready product should be disclosed in the
All grantees must maintain records access should be assured. application or reported to the Institute
that clearly show the source, amount,
and timing of all matching 4. Access in writing once a decision to sell
contributions. In addition, if a project products has been made. The grantee
Grantees and subgrantees must give must request approval to recover its
has included, within its approved any authorized representative of the
budget, contributions which exceed the product development, reproduction,
Institute access to and the right to
required matching portion, the grantee and dissemination costs as specified in
examine all records, books, papers, and
must maintain records of those documents related to an Institute grant. section VIII.A.11.b.
contributions in the same manner as it 5. Other
does Institute funds and required G. Project-Related Income
matching shares. For all grants made to Records of the receipt and disposition Other project income shall be treated
State and local courts, the State of project-related income must be in accordance with disposition
Supreme Court has primary maintained by the grantee in the same instructions set forth in the grant’s terms
responsibility for grantee/subgrantee manner as required for the project funds and conditions.
compliance with the requirements of that gave rise to the income and must be
this section (see section IX.C.2. above). reported to the Institute (see section

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H. Payments and Financial Reporting 2. Financial Reporting b. Equipment. Grant funds may be
Requirements a. General Requirements. To obtain used to purchase or lease only that
financial information concerning the equipment essential to accomplishing
1. Payment of Grant Funds
use of funds, the Institute requires that the goals and objectives of the project.
The procedures and regulations set grantees/subgrantees submit timely The written prior approval of the
forth below are applicable to all reports for review. Institute is required when the amount of
Institute grant funds and grantees. b. Due Dates and Contents. A automated data processing (ADP)
a. Request for Advance or Financial Status Report is required from equipment to be purchased or leased
Reimbursement of Funds. Grantees will all grantees, other than scholarship exceeds $10,000 or software to be
receive funds on a ‘‘check-issued’’ basis. recipients, for each active quarter on a purchased exceeds $3,000.
Upon receipt, review, and approval of a calendar-quarter basis. This report is c. Consultants. The written prior
Request for Advance or Reimbursement due within 30 days after the close of the approval of the Institute is required
by the Institute, a check will be issued calendar quarter. It is designed to when the rate of compensation to be
directly to the grantee or its designated provide financial information relating to paid a consultant exceeds $300 a day.
fiscal agent. A request must be limited Institute funds, State and local matching Institute funds may not be used to pay
to the grantee’s immediate cash needs. shares, project income, and any other a consultant more than $900 per day.
d. Budget Revisions. Budget revisions
The Request for Advance or sources of funds for the project, as well
among direct cost categories that (i)
Reimbursement, along with the as information on obligations and
transfer grant funds to an unbudgeted
instructions for its preparation, will be outlays. A copy of the Financial Status
cost category or (ii) individually or
included in the official Institute award Report, along with instructions for its
cumulatively exceed five percent (5%)
package. preparation, is included in each official
of the approved original budget or the
b. Continuation Grants. For purposes Institute Award package. If a grantee
most recently approved revised budget
of submitting Requests for Advance or requests substantial payments for a
require prior Institute approval (see
Reimbursement, recipients of project prior to the completion of a
section X.A.1.).
continuation grants should treat each given quarter, the Institute may request
grant as a new project and number the a brief summary of the amount 3. Travel Costs
requests accordingly (i.e., on a grant requested, by object class, to support the Transportation and per diem rates
rather than a project basis). For Request for Advance or Reimbursement. must comply with the policies of the
example, the first request for payment c. Additional Requirements for grantee. If the grantee does not have an
from a continuation grant would be Continuation Grants. Grantees receiving established written travel policy, then
number 1, the second number 2, etc. continuation grants should number their travel rates must be consistent with
c. Termination of Advance and quarterly Financial Status Reports on a those established by the Institute or the
Reimbursement Funding. When a grant rather than a project basis. For Federal Government. Institute funds
grantee organization receiving cash example, the first quarterly report for a may not be used to cover the
advances from the Institute: continuation grant award should be transportation or per diem costs of a
number 1, the second number 2, etc. member of a national organization to
(1) Demonstrates an unwillingness or
inability to attain program or project 3. Consequences of Non-Compliance attend an annual or other regular
goals, or to establish procedures that with Submission Requirement meeting of that organization.
will minimize the time elapsing Failure of the grantee to submit 4. Indirect Costs
between cash advances and required financial and progress reports
disbursements, or cannot adhere to These are costs of an organization that
may result in suspension or termination are not readily assignable to a particular
guideline requirements or special of grant payments.
conditions; project but are necessary to the
I. Allowability of Costs operation of the organization and the
(2) Engages in the improper award
performance of the project. The cost of
and administration of subgrants or 1. General operating and maintaining facilities,
contracts; or
Except as may be otherwise provided depreciation, and administrative
(3) Is unable to submit reliable and/ in the conditions of a particular grant, salaries are examples of the types of
or timely reports; the Institute may cost allowability is determined in costs that are usually treated as indirect
terminate advance financing and require accordance with the principles set forth costs. Although the Institute’s policy
the grantee organization to finance its in OMB Circulars A–21, Cost Principles requires all costs to be budgeted
operations with its own working capital. Applicable to Grants and Contracts with directly, it will accept indirect costs if
Payments to the grantee shall then be Educational Institutions; A–87, Cost a grantee has an indirect cost rate
made by check to reimburse the grantee Principles for State and Local approved by a Federal agency as set
for actual cash disbursements. In the Governments; and A–122, Cost forth below. However, recoverable
event the grantee continues to be Principles for Non-profit Organizations. indirect costs are limited to no more
deficient, the Institute may suspend No costs may be recovered to liquidate than 75% of a grantee’s direct personnel
reimbursement payments until the obligations incurred after the approved costs (salaries plus fringe benefits) (see
deficiencies are corrected. In extreme grant period. Circulars may be obtained sections III.L. and VI.A.4.d.(11)).
cases, grants may be terminated. on the OMB Web site at a. Approved Plan Available.
d. Principle of Minimum Cash on www.whitehouse.gov/omb. (1) A copy of an indirect cost rate
Hand. Grantees should request funds agreement or allocation plan approved
based upon immediate disbursement 2. Costs Requiring Prior Approval for a grantee during the preceding two
requirements. Grantees should time a. Pre-agreement Costs. The written years by any Federal granting agency on
their requests to ensure that cash on prior approval of the Institute is the basis of allocation methods
hand is the minimum needed for required for costs considered necessary substantially in accord with those set
disbursements to be made immediately but which occur prior to the start date forth in the applicable cost circulars
or within a few days. of the project period. must be submitted to the Institute.

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(2) Where flat rates are accepted in entire grantee or subgrantee Grantees on a check-issued basis, who
lieu of actual indirect costs, grantees organization or of the specific project have drawn down funds in excess of
may not also charge expenses normally funded by the Institute. Audits their obligations/expenditures, must
included in overhead pools, e.g., conducted in accordance with the return any unused funds as soon as it is
accounting services, legal services, Single Audit Act of 1984 and OMB determined that the funds are not
building occupancy and maintenance, Circular A–128, or OMB Circular A–133, required. In no case should any unused
etc., as direct costs. will satisfy the requirement for an funds remain with the grantee beyond
b. Establishment of Indirect Cost annual fiscal audit. The audit must be the submission date of the final
Rates. To be reimbursed for indirect conducted by an independent Certified Financial Status Report.
costs, a grantee must first establish an Public Accountant, or a State or local b. Final Progress Report. This report
appropriate indirect cost rate. To do agency authorized to audit government should describe the project activities
this, the grantee must prepare an agencies. Grantees must send two copies during the final calendar quarter of the
indirect cost rate proposal and submit it of the audit report to the Institute. project and the close-out period,
to the Institute within three months Grantees that receive funds from a including to whom project products
after the start of the grant period to Federal agency and satisfy audit have been disseminated; provide a
assure recovery of the full amount of requirements of the cognizant Federal summary of activities during the entire
allowable indirect costs. The rate must agency must submit two copies of the project; specify whether all the
be developed in accordance with audit report prepared for that Federal objectives set forth in the approved
principles and procedures appropriate agency to the Institute in order to satisfy application or an approved adjustment
to the type of grantee institution the provisions of this section. have been met and, if any of the
involved as specified in the applicable objectives have not been met, explain
OMB Circular. 2. Resolution and Clearance of Audit why not; and discuss what, if anything,
c. No Approved Plan. If an indirect Reports could have been done differently that
cost proposal for recovery of indirect Timely action on recommendations might have enhanced the impact of the
costs is not submitted to the Institute by responsible management officials is project or improved its operation.
within three months after the start of the an integral part of the effectiveness of an These reporting requirements apply at
grant period, indirect costs will be audit. Each grantee must have policies the conclusion of every grant other than
irrevocably disallowed for all months and procedures for acting on audit a scholarship, even when the project
prior to the month that the indirect cost recommendations by designating will continue under a Continuation
proposal is received. officials responsible for: follow-up; Grant.
J. Procurement and Property maintaining a record of the actions 2. Extension of Close-Out Period
Management Standards taken on recommendations and time
Upon the written request of the
schedules; responding to and acting on
1. Procurement Standards grantee, the Institute may extend the
audit recommendations; and submitting
close-out period to assure completion of
For State and local governments, the periodic reports to the Institute on
the grantee’s close-out requirements. A
Institute has adopted the standards set recommendations and actions taken.
request for an extension must be
forth in Attachment O of OMB Circular 3. Consequences of Non-Resolution of received by the Institute at least 14 days
A–102. Institutions of higher education, Audit Issues before the end of the close-out period
hospitals, and other non-profit and must explain why the extension is
organizations will be governed by the Ordinarily, the Institute will not make
a subsequent grant award to an necessary and what steps will be taken
standards set forth in Attachment O of to assure that all the grantee’s
OMB Circular A–110. applicant that has an unresolved audit
report involving Institute awards. responsibilities will be met by the end
2. Property Management Standards Failure of the grantee to resolve audit of the extension period. If a grantee fails
questions may also result in the to submit a request for extension in a
The property management standards
suspension or termination of payments timely manner, or such request is
as prescribed in Attachment N of OMB
for active Institute grants to that denied, the Institute will not, under any
Circulars A–102 and A–110 apply to all
organization. circumstances, accept requests for
Institute grantees and subgrantees
payment after the 90-day close-out
except as provided in section VIII.A.18. L. Close-Out of Grants period, even for costs legitimately
All grantees/subgrantees are required to
1. Grantee Close-Out Requirements incurred and properly documented
be prudent in the acquisition and
during the project period.
management of property with grant Within 90 days after the end date of
funds. If suitable property required for the grant or any approved extension X. Grant Adjustments
the successful execution of projects is thereof (see section IX.L.2. below), the All requests for programmatic or
already available within the grantee or following documents must be submitted budgetary adjustments requiring
subgrantee organization, expenditures of to the Institute by grantees (other than Institute approval must be submitted by
grant funds for the acquisition of new scholarship recipients): the project director in a timely manner
property will be considered a. Financial Status Report. The final (ordinarily 30 days prior to the
unnecessary. report of expenditures must have no implementation of the adjustment being
K. Audit Requirements unliquidated obligations and must requested). All requests for changes
indicate the exact balance of from the approved application will be
1. Implementation unobligated funds. Any unobligated/ carefully reviewed for both consistency
Each recipient of a Project or unexpended funds will be deobligated with this Guideline and the
Continuation Grant must provide for an from the award by the Institute. Final enhancement of grant goals and
annual fiscal audit. This requirement payment requests for obligations objectives. Failure to submit
also applies to a State or local court incurred during the award period must adjustments in a timely manner may
receiving a subgrant from the State be submitted to the Institute prior to the result in the termination of a grantee’s
Supreme Court. The audit may be of the end of the 90-day close-out period. award.

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72532 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices

A. Grant Adjustments Requiring Prior adjustment, the grantee must set forth wishes to continue the project under the
Written Approval the reasons and basis for the proposed direction of another individual, a
The following grant adjustments adjustment and any other information statement of the candidate’s
require the prior written approval of the the program manager determines would qualifications should be sent to the
Institute: help the Institute’s review. Institute for review and approval. The
1. Budget revisions among direct cost grant may be terminated if the
C. Notification of Approval/Disapproval
categories that (a) transfer grant funds to qualifications of the proposed
If the request is approved, the grantee individual are not approved in advance
an unbudgeted cost category or (b)
will be sent a Grant Adjustment signed by the Institute.
individually or cumulatively exceed
by the Executive Director or his or her
five percent (5%) of the approved H. Transferring or Contracting Out of
designee. If the request is denied, the
original budget or the most recently Grant-Supported Activities
grantee will be sent a written
approved revised budget (see section
explanation of the reasons for the No principal activity of a grant-
IX.I.2.d.).
denial. supported project may be transferred or
For Continuation Grants, funds from
the original award may be used during D. Changes in the Scope of the Grant contracted out to another organization
the new grant period and funds awarded without specific prior approval by the
Major changes in scope, duration,
through a continuation grant may be Institute. All such arrangements must be
training methodology, or other
used to cover project-related formalized in a contract or other written
significant areas must be approved in
expenditures incurred during the agreement between the parties involved.
advance by the Institute. A grantee may
original award period, with the prior Copies of the proposed contract or
make minor changes in methodology,
written approval of the Institute. agreement must be submitted for prior
approach, or other aspects of the grant
2. A change in the scope of work to approval of the Institute at the earliest
to expedite achievement of the grant’s
be performed or the objectives of the possible time. The contract or agreement
objectives with subsequent notification
project (see D. below in this section). must state, at a minimum, the activities
of the SJI program manager.
3. A change in the project site. to be performed, the time schedule, the
4. A change in the project period, E. Date Changes policies and procedures to be followed,
such as an extension of the grant period A request to change or extend the the dollar limitation of the agreement,
and/or extension of the final financial or grant period must be made at least 30 and the cost principles to be followed in
progress report deadline (see E. below). days in advance of the end date of the determining what costs, both direct and
5. Satisfaction of special conditions, if grant. A revised task plan should indirect, will be allowed. The contract
required. accompany a request for a no-cost or other written agreement must not
6. A change in or temporary absence extension of the grant period, along with affect the grantee’s overall responsibility
of the project director (see F. and G. a revised budget if shifts among budget for the direction of the project and
below). categories will be needed. A request to accountability to the Institute.
7. The assignment of an employee or change or extend the deadline for the State Justice Institute Board of
consultant to a key staff position whose final financial report or final progress Directors
qualifications were not described in the report must be made at least 14 days in
application, or a change of a person advance of the report deadline (see Robert A. Miller, Chairman, Chief
assigned to a key project staff position section IX.L.2.). Justice (ret.), Supreme Court of South
(see section VIII.A.2.). Dakota, Pierre, SD.
8. A change in or temporary absence F. Temporary Absence of the Project
Director Joseph F. Baca, Vice-Chairman, Chief
of the person responsible for managing Justice (ret.), New Mexico Supreme
and reporting on the grant’s finances. Whenever an absence of the project Court, Albuquerque, NM.
9. A change in the name of the grantee director is expected to exceed a
organization. continuous period of one month, the Sandra A. O’Connor, Secretary, State’s
10. A transfer or contracting out of plans for the conduct of the project Attorney of Baltimore County,
grant-supported activities (see H. director’s duties during such absence Towson, MD.
below). must be approved in advance by the Keith McNamara, Esq., Executive
11. A transfer of the grant to another Institute. This information must be Committee Member, McNamara &
recipient. provided in a letter signed by an McNamara, Columbus, OH.
12. Preagreement costs (see section authorized representative of the grantee/ Terrence B. Adamson, Esq., Executive
IX.I.2.a.). subgrantee at least 30 days before the Vice-President, The National
13. The purchase of automated data departure of the project director, or as Geographic Society, Washington, DC.
processing equipment and software (see soon as it is known that the project
section IX.I.2.b.). director will be absent. The grant may Robert N. Baldwin, Executive Vice
14. Consultant rates (see section be terminated if arrangements are not President and General Counsel,
IX.I.2.c.). approved in advance by the Institute. National Center for State Courts,
15. A change in the nature or number Richmond, VA.
of the products to be prepared or the G. Withdrawal of/Change in Project Carlos R. Garza, Esq., Administrative
manner in which a product would be Director Judge (ret.), Round Rock, TX.
distributed. If the project director relinquishes or Sophia H. Hall, Administrative
expects to relinquish active direction of Presiding Judge, Circuit Court of Cook
B. Requests for Grant Adjustments the project, the Institute must be County, Chicago, IL.
All grantees must promptly notify notified immediately. In such cases, if
their SJI program managers, in writing, the grantee/subgrantee wishes to Tommy Jewell, Presiding Children’s
of events or proposed changes that may terminate the project, the Institute will Court Judge (ret.), Albuquerque, NM.
require adjustments to the approved forward procedural instructions upon Arthur A. McGiverin, Chief Justice (ret.),
project design. In requesting an notification of such intent. If the grantee Supreme Court of Iowa, Ottumwa, IA.

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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices 72533

Kevin Linskey, Executive Director (ex Connecticut Boise, ID 83720


officio). (208) 334–3316
State Library lawlibrary@isc.state.id.us
Kevin Linskey, Ms. Denise D. Jernigan
Law Librarian Illinois
Executive Director.
Connecticut State Library Supreme Court Library
Appendix A—SJI Libraries: Designated 231 Capitol Avenue
Hartford, CT 06106 Ms. Brenda Larison
Sites and Contacts Supreme Court of Illinois Library
(860) 757–6598
Alabama djernigan@cslib.org 200 East Capitol Avenue
Springfield, IL 62701–1791
Supreme Court Library Delaware (217) 782–2425
Mr. Timothy A. Lewis blarison@court.state.il.us
Administrative Office of the Courts
State Law Librarian Indiana
Alabama Supreme Court Mr. Michael E. McLaughlin
Judicial Building Deputy Director Supreme Court Library
300 Dexter Avenue Administrative Office of the Courts
Carvel State Office Building Ms. Terri L. Ross
Montgomery, AL 36104 Supreme Court Librarian
820 North French Street
(334) 242–4347 Supreme Court Library
11th Floor
director@alalinc.net State House, Room 316
P.O. Box 8911
Wilmington, DE 19801 Indianapolis, IN 46204
Alaska
(302) 577–8481 (317) 232–2557
Anchorage Law Library michael.mclaughlin@state.de.us tross@courts.state.in.us
Ms. Cynthia S. Fellows Iowa
District of Columbia
State Law Librarian
Alaska State Court Law Library Executive Office, District of Columbia Courts Administrative Office of the Court
303 K Street Ms. Anne B. Wicks Dr. Jerry K. Beatty
Anchorage, AK 99501 Executive Officer Director of Judicial Branch Education
(907) 264–0583 District of Columbia Courts Iowa Judicial Branch
cfellows@courts.state.ak.us 500 Indiana Avenue, NW., Suite 1500 Iowa Judicial Branch Building
Washington, D.C. 20001 1111 East Court Avenue
Arizona Des Moines, IA 50319
(202) 879–1700
Supreme Court Library Wicksab@dcsc.gov (515) 242–0190
jerry.beatty@jb.state.ia.us
Ms. Lani Orosco Florida
Staff Assistant Kansas
Arizona Supreme Court Administrative Office of the Courts
Supreme Court Library
Staff Attorney’s Office Ms. Elisabeth H. Goodner
Library State Courts Administrator Mr. Fred Knecht
1501 W. Washington, Suite 445 Office of the State Courts Administrator Law Librarian
Florida Supreme Court Kansas Supreme Court Library
Phoenix, AZ 85007
Supreme Court Building Kansas Judicial Center
(602) 542–5028
500 South Duval Street 301 SW. 10th Avenue
lorosco@supreme.sp.state.az.us
Tallahassee, FL 32399 Topeka, KS 66612
Arkansas (850) 922–5081 (785) 296–3257
goodnerl@flcourts.org knechtf@kscourts.org
Administrative Office of the Courts
Georgia Kentucky
Mr. James D. Gingerich
Director Administrative Office of the Courts State Law Library
Administrative Office of the Courts Ms. Vida Vitagliano
Supreme Court of Arkansas Mr. David Ratley
Director Cataloging and Research Librarian
Justice Building Kentucky Supreme Court Library
Administrative Office of the Courts
625 Marshall Street 700 Capitol Avenue, Suite 200
244 Washington Street, SW., Suite 300
Little Rock, AR 72201 Frankfort, KY 40601
Atlanta, GA 30334
(501) 682–9400 (502) 564–4185
(404) 656–5171
jd.gingerich@mail.state.ar.us ratleydl@gaaoc.us vidavitagliano@mail.aoc.state.ky.us
California Hawaii Louisiana
Administrative Office of the Courts Supreme Court Library State Law Library
Mr. William C. Vickrey Ms. Ann Koto Ms. Carol Billings
Administrative Director of the Courts State Law Librarian Director
Administrative Office of the Courts The Supreme Court Law Library Louisiana Law Library
455 Golden Gate Avenue 417 South King St., Room 119 Louisiana Supreme Court Building
San Francisco, CA 94102 Honolulu, HI 96813 400 Royal Street
(415) 865–4235 (808) 539–4964 New Orleans, LA 70130
william.vickrey@jud.ca.gov Ann.S.Koto@courts.state.hi.us (504) 310–2401
cbillings@lasc.org
Colorado Idaho
Maine
Supreme Court Library AOC Judicial Education Library/State Law
Ms. Linda Gruenthal Library State Law and Legislative Reference Library
Deputy Supreme Court Law Librarian Mr. Richard Visser Ms. Lynn E. Randall
2 East 14th Avenue State Law Librarian State Law Librarian
Denver, CO 80203 Idaho State Law Library 43 State House Station
(303) 837–3720 Supreme Court Building Augusta, ME 04333
cscltech@state.co.us 451 West State St. (207) 287–1600

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72534 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices

lynn.randall@legislature.maine.gov Nevada P.O. Box 502165


Saipan, MP 96950
Maryland To be determined— (670) 235–9700
State Law Library New Hampshire supremecourt@saipan.com
Mr. Steve Anderson New Hampshire Law Library Ohio
Director
Ms. Mary Searles Supreme Court Library
Maryland State Law Library
Technical Services Law Librarian
Court of Appeal Building Mr. Ken Kozlowski
New Hampshire Law Library
361 Rowe Boulevard Director
Supreme Court Building
Annapolis, MD 21401 Law Library
One Noble Drive
(410) 260–1430 Supreme Court of Ohio
Concord, NH 03301–6160
steve.anderson@courts.state.md.us 65 South Front Street, 11th Floor
(603) 271–3777
msearles@courts.state.nh.us Columbus, OH 43215–3431
Massachusetts (614) 387–9666
Middlesex Law Library New Jersey kozlowsk@sconet.state.oh.us
Ms. Linda Hom New Jersey State Library Oklahoma
Librarian Mr. Thomas O’Malley
Middlesex Law Library Administrative Office of the Courts
Supervising Law Librarian
Superior Court House New Jersey State Law Library State Court Administrator
40 Thorndike Street 185 West State Street Administrative Office of the Courts
Cambridge, MA 02141 P.O. Box 520 1915 North Stiles Avenue, Suite 305
(617) 494–4148 Trenton, NJ 08625–0250 Oklahoma City, OK 73105
midlawlib@yahoo.com (609) 292–6230 (405) 521–2450
Michigan tomalley@njstatelib.org Oregon
Michigan Judicial Institute New Mexico Administrative Office of the Courts
Dawn F. McCarty Supreme Court Library Ms. Kingsley W. Click
Director Mr. Thaddeus Bejnar State Court Administrator
Michigan Judicial Institute Librarian Oregon Judicial Department
P.O. Box 30205 Supreme Court Library Supreme Court Building
Lansing, MI 48909 Post Office Drawer L 1163 State Street
(517) 373–7509 Santa Fe, NM 87504 Salem, OR 97301
mccartyd@courts.mi.gov (505) 827–4850 (503) 986–5500
kingsley.w.click@ojd.state.or.us
Minnesota New York
Pennsylvania
State Law Library (Minnesota Judicial Center) Supreme Court Library
Ms. Barbara L. Golden State Library of Pennsylvania
Ms. Barbara Briggs
State Law Librarian Law Librarian Ms. Barbara Miller
G25 Minnesota Judicial Center Syracuse Supreme Court Law Library Collection Management Librarian
25 Rev. Dr. Martin Luther King Jr. Boulevard 401 Montgomery Street State Library of Pennsylvania
St. Paul, MN 55155 Syracuse, NY 13202 Bureau of State Library
(612) 297–2089 (315) 671–1150 333 Market Street
barb.golden@courts.state.mn.us bbriggs@courts.state.ny.us Harrisburg, PA 17126–1745
(717) 787–5718
Mississippi North Carolina barbmiller@state.pa.us
Mississippi Judicial College Supreme Court Library Puerto Rico
Hon. Leslie G. Johnson Mr. Thomas P. Davis
Executive Director Office of Court Administration
Librarian
Mississippi Judicial College North Carolina Supreme Court Library Alfredo Rivera-Mendoza, Esq.
P.O. Box 8850 500 Justice Building Director, Area of Planning and Management
University, MS 38677 2 East Morgan Street Office of Court Administration
(662) 915–5955 Raleigh, NC 27601 P.O. Box 917
lwleslie@olemiss.edu (919) 733–3425 Hato Rey, PR 00919
Montana tpd@sc.state.nc.us Rhode Island
State Law Library North Dakota Roger Williams University
Ms. Judith Meadows Supreme Court Library Ms. Gail Winson
State Law Librarian Ms. Marcella Kramer Director of Law Library/Associate Professor
State Law Library of Montana Assistant Law Librarian of Law
P.O. Box 203004 Supreme Court Law Library Roger Williams University
Helena, MT 59620 600 East Boulevard Avenue, Dept. 182 School of Law Library
(406) 444–3660 2nd Floor, Judicial Wing 10 Metacom Avenue
jmeadows@state.mt.us Bismarck, ND 58505–0540 Bristol, RI 02809
(701) 328–2229 401/254–4531
Nebraska gwinson@law.rwu.edu
mkramer@ndcourts.com
Administrative Office of the Courts South Carolina
Northern Mariana Islands
Mr. Philip D. Gould, Director
Judicial Branch Education Supreme Court of the Northern Mariana Coleman Karesh Law Library (University of
Administrative Office of the Courts/Probation Islands South Carolina School of Law)
521 South 14th St., Suite 200 Ms. Margarita M. Palacios Mr. Steve Hinckley
Lincoln, NE 68508–2707 Director of Courts Director
(402) 471–3072 (office)/(402)471–3071 (fax) Supreme Court of the Commonwealth of the Coleman Karesh Law Library
pgould@nsc.state.ne.us Northern Mariana Islands University of South Carolina

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Main and Green Streets gwarren@courts.state.va.us 300 Newport Avenue


Columbia, SC 29208 Williamsburg, VA 23185–4147
(803) 777–5944 Washington (757) 259–1826
hinckley@law.sc.edu Washington State Law Library library@ncsc.dni.us
South Dakota Ms. Kay Newman National Judicial College
State Law Librarian Mr. Randall Snyder
State Law Library Washington State Law Library Law Librarian
Librarian Temple of Justice National Judicial College
South Dakota State Law Library P.O. Box 40751 Judicial College Building, MS 358
500 East Capitol Olympia, WA 98504–0751 Reno, NV 89557
Pierre, South Dakota 57501 (360) 357–2136 (775) 327–8278
(605) 773–4898 kay.newman@courts.wa.gov snyder@judges.org
donnis.deyo@ujs.state.sd.ud
West Virginia
Tennessee
Appendix B—Illustrative List of
Supreme Court of Appeals Library Technical Assistance Grants
Tennessee State Law Library Ms. Kaye Maerz The following list presents examples of the
Hon. Cornelia A. Clark State Law Librarian types of technical assistance for which State
Executive Director West Virginia Supreme Court of Appeals and local courts can request Institute
Administrative Office of the Courts Library funding. Please check with the JERITT
511 Union Street, Suite 600 1900 Kanawha Boulevard East project (http://jeritt.msu.org or 517/353–
Nashville, TN 37219 Building 1, Room E–404 8603) for more information about these and
(615) 741–2687 Charleston, WV 25305 other SJI-supported technical assistance
cclark@tscmail.state.tn.us (304) 558–2607 projects.
klm@courts.state.wv.us
Texas Application of Technology
Wisconsin
State Law Library Technology Plan (Office of the South
Mr. Marcelino A. Estrada State Law Library Dakota State Court Administrator: SJI–99–
Director, State Law Library Ms. Jane Colwin 066).
P.O. Box 12367 State Law Librarian Children and Families in Court
Austin, TX 78711 State Law Library
(512) 463–1722 120 M.L.K. Jr. Boulevard Expanded Unified Family Court (Ventura
tony.estrada@sll.state.tx.us Madison, WI 53703 County, CA, Superior Court: SJI–01–122).
(608) 261–2340 Trial Court Performance Standards for the
U.S. Virgin Islands Unified Family Court of Delaware (Family
jane.colwin@wicourts.gov
Court of Delaware: SJI–98–205).
Library of the Territorial Court of the Virgin
Islands (St. Thomas) Wyoming
Court Planning, Management, and Financing
Librarian Wyoming State Law Library Job Classification and Pay Study of the
The Library Ms. Kathy Carlson New Hampshire Courts (New Hampshire
Territorial Court of the Virgin Islands Law Librarian Administrative Office of the Courts: SJI–98–
Post Office Box 70 Wyoming State Law Library 011).
Charlotte Amalie, St. Thomas Supreme Court Building A Model for Building and
Virgin Islands 00804 2301 Capitol Avenue Institutionalizing Judicial Branch Strategic
Cheyenne, WY 82002 Planning (12th Judicial Circuit, Sarasota, FL:
Utah
(307) 777–7509 SJI–98–266).
Utah State Judicial Administration Library kcarls@state.wy.us Strategic Planning (Fourth Judicial District
Court, Hennepin County, MN: SJI–99–221).
Ms. Jessica Van Buren NATIONAL Differentiated Case Management for the
Utah State Law Library
American Judicature Society Improvement of Civil Case Processing in the
450 South State, W–13
Trial Courts of Texas (Texas Office of Court
P.O. Box 140220 Ms. Deborah Sulzbach Administration: SJI–99–222).
Salt Lake City, UT 84114–0220 Acquisitions Librarian
(801) 238–7991 Drake University Dispute Resolution and the Courts
jessicavb@email.utcourts.gov Law Library, Opperman Hall Evaluating the New Mexico Court of
Vermont 2507 University Avenue Appeals Mediation Program (New Mexico
Des Moines, IA 50311–4505 Supreme Court: SJI–00–122).
Supreme Court of Vermont (515) 271–3784
e-mail: deborah.sulzbach@drake.edu Improving Public Confidence in the Courts
Mr. Paul J. Donovan
Law Librarian Mississippi Task Force on Gender Fairness
JERITT
Vermont Department of Libraries in the Courts (Mississippi Administrative
109 State Street Dr. Maureen E. Conner Office of the Courts: SJI–00–108).
Pavilion Office Building Executive Director Analysis of the Juror Debriefing Project
Montpelier, VT 05609 The JERITT Project (King County, WA, Superior Court: SJI–00–
(802) 828–3268 Michigan State University 049).
paul.donovan@dol.state.vt.us 1407 S. Harrison Road
Suite 330 Nisbet Improving the Court’s Response to Family
Virginia East Lansing, MI 48823–5239 Violence
(517) 353–8603 New Hampshire Fatality Reviews (New
Administrative Office of the Courts
(517) 432–3965 (fax) Hampshire Administrative Office of the
Ms. Gail Warren connerm@msu.edu Courts: SJI–99–142).
State Law Librarian website: http://jeritt.msu.edu
Virginia State Law Library Education and Training for Judges and
Supreme Court of Virginia National Center for State Courts Other Court Personnel
100 North Ninth Street, 2nd Floor Ms. Joan Cochet Iowa Supreme Court Advisory Committee
Richmond, VA 23219–2335 Library Specialist on Judicial Branch Education (Iowa State
(804) 786–2075 National Center for State Courts Court Administrator’s Office: SJI–01–200).

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72536 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices

Appendix C—Illustrative List of Model and Clerks (Rural Justice Center: SJI–90–014, Juvenile and Family Court Judges: SJI–90–
Curricula SJI–91–082). 058).
Integrating Trial Management and Enhancing Diversity in the Court and
The following list includes examples of Caseflow Management (Justice Management Community (Institute for Court Management/
model SJI-supported curricula that State Institute: SJI–93–214). National Center for State Courts: SJI–91–043).
judicial educators may wish to adapt for Leading Organizational Change (California Cultural Diversity Awareness in Nebraska
presentation in education programs for Administrative Office of the Courts: SJI–94– Courts From Native American Alternatives to
judges and other court personnel with the 068). Incarceration Project (Nebraska Urban Indian
assistance of a Judicial Branch Education Managing Mass Tort Cases (National Health Coalition: SJI–93–028).
Technical Assistance Grant. Please refer to Judicial College: SJI–94–141). Race Fairness and Cultural Awareness
section VI.C. for information on submitting a Employment Responsibilities of State Court Faculty Development Workshop (National
letter application for a Judicial Branch Judges (National Judicial College: SJI–95– Judicial College: SJI–93–063).
Education Technical Assistance Grant. A list 025). A Videotape Training Program in Ethics
of all SJI-supported education projects is Caseflow Management; Resources, Budget, and Professional Conduct for Nonjudicial
available on the SJI Web site (http:// and Finance; Visioning and Strategic
Court Personnel and The Ethics Fieldbook:
www.statejustice.org). Please also check with Planning; Leadership; Purposes and
the JERITT project (http://jeritt.msu.edu or Tool For Trainers (American Judicature
Responsibilities of Courts; Information
517/353–8603) and your State SJI-designated Society: SJI–93–068).
Management Technology; Human Resources
library (see Appendix A) for more Management; Education, Training, and Court Interpreter Training Course for
information about these and other SJI- Development; Public Information and the Spanish Interpreters (International Institute
supported curricula that may be appropriate Media from ‘‘NACM Core Competency of Buffalo: SJI–93–075).
for in-State adaptation. Curriculum Guidelines’’ (National Doing Justice: Improving Equality Before
Association for Court Management: SJI–96– the Law Through Literature-Based Seminars
Alternative Dispute Resolution for Judges and Court Personnel (Brandeis
148).
Judicial Settlement Manual (National Dealing with the Common Law Courts: A University: SJI–94–019).
Judicial College: SJI–89–089). Model Curriculum for Judges and Court Staff Multi-Cultural Training for Judges and
Improving the Quality of Dispute (Institute for Court Management/ National Court Personnel (St. Petersburg Junior
Resolution (Ohio State University College of Center for State Courts: SJI–96–159). College: SJI–95–006).
Law: SJI–93–277). Caseflow Management from ‘‘Innovative Ethical Standards for Judicial Settlement:
Comprehensive ADR Curriculum for Judges Educational Programs for Judges and Court Developing a Judicial Education Module
(American Bar Association: SJI–95–002). Managers’’ (Justice Management Institute: (American Judicature Society: SJI–95–082).
Domestic Violence and Custody Mediation SJI–98–041). Code of Ethics for the Court Employees of
(American Bar Association: SJI–96–038). California (California Administrative Office
Courts and Communities
of the Courts: SJI–95–245).
Court Coordination Reporting on the Courts and the Law Workplace Sexual Harassment Awareness
Collaboration: A Training Curriculum to (American Judicature Society: SJI–88–014). and Prevention (California Administrative
Enhance the Effectiveness of Criminal Justice Victim Rights and the Judiciary: A Training Office of the Courts: SJI–96–089).
Teams (Center for Effective Public Policy: and Implementation Project (National Just Us On Justice: A Dialogue on Diversity
SJI–99–039). Organization for Victim Assistance: SJI–89– Issues Facing Virginia Courts (Virginia
Bankruptcy Issues for State Trial Court 083). Supreme Court: SJI–96–150).
Judges (American Bankruptcy Institute: SJI– National Guardianship Monitoring Project: When Bias Compounds: Insuring Equal
91–027). Trainer and Trainee’s Manual (American Treatment for Women of Color in the Courts
Intermediate Sanctions Handbook: Association of Retired Persons: SJI–91–013). (National Judicial Education Program: SJI–
Experiences and Tools for Policymakers Access to Justice: The Impartial Jury and 96–161).
(Center for Effective Public Policy: IAA–88- the Justice System and When Implementing When Judges Speak Up: Ethics, the Public,
NIC–001). the Court-Related Needs of Older People and and the Media (American Judicature Society:
Regional Conference Cookbook: A Practical Persons With Disabilities: An Instructional SJI–96–152).
Guide to Planning and Presenting a Regional Guide (National Judicial College: SJI–91–
Conference on State-Federal Judicial 054). Family Violence and Gender-Related Violent
Relationships (U.S. Court of Appeals for the You Are the Court System: A Focus on Crime
9th Circuit: SJI–92–087). Customer Service (Alaska Court System: SJI– National Judicial Response to Domestic
Bankruptcy Issues and Domestic Relations 94–048). Violence: Civil and Criminal Curricula
Cases (American Bankruptcy Institute: SJI– Serving the Public: A Curriculum for Court (Family Violence Prevention Fund: SJI–87–
96–175). Employees (American Judicature Society: 061, SJI–89–070, SJI–91–055).
SJI–96–040).
Court Management Domestic Violence: A Curriculum for Rural
Courts and Their Communities: Local
Managing Trials Effectively: A Program for Courts (Rural Justice Center: SJI–88–081).
Planning and the Renewal of Public Trust
State Trial Judges (National Center for State Judicial Training Materials on Spousal
and Confidence: A California Statewide
Courts/National Judicial College: SJI–87–066/ Support; Judicial Training Materials on Child
Conference (California Administrative Office
067, SJI–89–054/055, SJI–91–025/026). Custody and Visitation (Women Judges’ Fund
of the Courts: SJI–98–008).
Caseflow Management Principles and for Justice: SJI–89–062).
Charting the Course of Public Trust and
Practices (Institute for Court Management/ Confidence in Our Courts (Mid-Atlantic Understanding Sexual Violence: The
National Center for State Courts: SJI–87–056). Association for Court Management: SJI–98– Judicial Response to Stranger and
A Manual for Workshops on Processing 208). Nonstranger Rape and Sexual Assault
Felony Dispositions in Limited Jurisdiction Trial Court Judicial Leadership Program: (National Judicial Education Program: SJI–
Courts (National Center for State Courts: SJI– Judges and Court Administrators Serving the 92–003, SJI–98–133 [video curriculum]).
90–052). Courts and Community (National Center for Domestic Violence & Children: Resolving
Managerial Budgeting in the Courts; State Courts: SJI–98–268). Custody and Visitation Disputes (Family
Performance Appraisal in the Courts; Public Trust and Confidence (Arizona Violence Prevention Fund: SJI–93–255).
Managing Change in the Courts; Court Courts Association: SJI–99–063). Adjudicating Allegations of Child Sexual
Automation Design; Case Management for Abuse When Custody Is In Dispute (National
Trial Judges; Trial Court Performance Diversity, Values, and Attitudes Judicial Education Program: SJI 95–019).
Standards (Institute for Court Management/ Troubled Families, Troubled Judges Handling Cases of Elder Abuse:
National Center for State Courts: SJI–91–043). (Brandeis University: SJI–89–071). Interdisciplinary Curricula for Judges and
Strengthening Rural Courts of Limited The Crucial Nature of Attitudes and Values Court Staff (American Bar Association: SJI–
Jurisdiction and Team Training for Judges in Judicial Education (National Council of 93–274).

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Health and Science Pre-Bench Training for New Judges Council of Juvenile and Family Court Judges:
A Judge’s Deskbook on the Basic (American Judicature Society: SJI–90–028). SJI–90–017).
A Unified Orientation and Mentoring Child Support Across State Lines: The
Philosophies and Methods of Science: Model
Program for New Judges of All Arizona Trial Uniform Interstate Family Support Act from
Curriculum (University of Nevada, Reno: SJI–
Courts (Arizona Supreme Court: SJI–90–078).
97–030). Uniform Interstate Family Support Act:
Court Organization and Structure (Institute
for Court Management/National Center for Development and Delivery of a Judicial
Judicial Education for Appellate Court Training Curriculum (ABA Center on
Judges State Courts: SJI–91–043).
New Employee Orientation Facilitators Children and the Law: SJI–94–321).
Career Writing Program for Appellate Guide (Minnesota Supreme Court: SJI–92– Juvenile Justice at the Crossroads:
Judges (American Academy of Judicial 155). Literature-Based Seminars for Judges, Court
Education: SJI–88–086). Magistrates Correspondence Course Personnel, and Community Leaders
Civil and Criminal Procedural Innovations (Alaska Court System: SJI–92–156). (Brandeis University: SJI–99–150).
for Appellate Courts (National Center for Bench Trial Skills and Demeanor: An
State Courts: SJI–94–002). Interactive Manual (National Judicial Strategic and Futures Planning
College: SJI 94–058). Minding the Courts into the Twentieth
Judicial Branch Education: Faculty and Ethical Issues in the Election of Judges
Program Development Century (Michigan Judicial Institute: SJI–89–
(National Judicial College: SJI–94–142).
The Leadership Institute in Judicial Caseflow Management; Resources, Budget, 029).
Education and The Advanced Leadership and Finance; Visioning and Strategic An Approach to Long-Range Strategic
Institute in Judicial Education (University of Planning; Leadership; Purposes and Planning in the Courts (Center for Public
Memphis: SJI–91–021). Responsibilities of Courts; Information Policy Studies: SJI–91–045).
‘‘Faculty Development Instructional Management Technology; Human Resources
Management; Education, Training, and Substance Abuse
Program’’ from Curriculum Review (National
Judicial College: SJI–91–039). Development; Public Information and the Good Times, Bad Times: Drugs, Youth, and
Resource Manual and Training for Judicial Media from ‘‘NACM Core Competency the Judiciary (Professional Development and
Curriculum Guidelines’’ (National Training Center, Inc.: SJI–91–095).
Education Mentors (National Association of
Association for Court Management: SJI–96– Gaining Momentum: A Model Curriculum
State Judicial Educators: SJI–95–233). 148).
Institute for Faculty Excellence in Judicial Innovative Approaches to Improving for Drug Courts (Florida Office of the State
Education (National Council of Juvenile and Competencies of General Jurisdiction Judges Courts Administrator: SJI–94–291).
Family Court Judges: SJI–96–042; University (National Judicial College: SJI–98–001). Judicial Response to Substance Abuse:
of Memphis: SJI–01–202). Caseflow Management from ‘‘Innovative Children, Adolescents, and Families
Orientation, Mentoring, and Continuing Educational Programs for Judges and Court (National Council of Juvenile and Family
Professional Education of Judges and Court Managers’’ (Justice Management Institute: Court Judges: SJI–95–030).
Personnel SJI–98–041). Judicial Education on Substance Abuse
Juveniles and Families in Court (American Judges Association and National
Legal Institute for Special and Limited
Center for State Courts: SJI–01–210).
Jurisdiction Judges (National Judicial College: Fundamental Skills Training Curriculum
SJI–89–043, SJI–91–040). for Juvenile Probation Officers (National BILLING CODE 6820–SC–P

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[FR Doc. 05–23542 Filed 12–2–05; 8:45 am]


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