Grant Guideline for FY 2012, 62568-62591 [2011-25893]
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STATE JUSTICE INSTITUTE
Grant Guideline for FY 2012
State Justice Institute.
Notice.
AGENCY:
ACTION:
This Guideline sets forth the
administrative, programmatic, and
financial requirements attendant to
Fiscal Year 2012 State Justice Institute
grants, cooperative agreements, and
contracts.
SUMMARY:
DATES:
October 7, 2011.
FOR FURTHER INFORMATION CONTACT:
Jonathan Mattiello, Executive Director,
State Justice Institute, 11951 Freedom
Drive, Suite 1020, Reston, VA 22314,
571–313–8843,
jonathan.mattiello@sji.gov.
Pursuant
to the State Justice Institute Act of 1984,
42 U.S.C. 10701, et seq., as amended, SJI
is authorized to award grants,
cooperative agreements, and contracts to
State and local courts, nonprofit
organizations, and others for the
purpose of improving the quality of
justice in the State courts of the United
States.
The following Grant Guideline is
adopted by the State Justice Institute for
FY 2012.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. The Mission of the State Justice Institute
II. Eligibility for Award
III. Scope of the Program
IV. Grant Applications
V. Grant Application Review Procedures
VI. Compliance Requirements
VII. Financial Requirements
VIII. Grant Adjustments
• Appendix A Grant Application Forms
Æ Form A—Application and Application
Instructions
Æ Form B—Certificate of State Approval
and Instructions
Æ Form C—Project Budget and Instructions
Æ Form D—Assurances
Æ Disclosure of Lobbying Activities
Æ Form E—Disclosure of Lobbying
Activities
• Appendix B Education Support Program
(ESP) Application Forms (Forms ESP–1
and ESP–2)
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I. The Mission of the State Justice
Institute
SJI was established by State Justice
Institute Authorization Act of 1984 (42
U.S.C. 10701 et seq.) to improve the
administration of justice in the state
courts of the United States. Incorporated
in the State of Virginia as a private,
nonprofit corporation, SJI is charged, by
statute, with the responsibility to:
• Direct a national program of
financial assistance designed to assure
that each citizen of the United States is
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provided ready access to a fair and
effective system of justice;
• Foster coordination and
cooperation with the federal judiciary;
• Promote recognition of the
importance of the separation of powers
doctrine to an independent judiciary;
and
• Encourage education for judges and
support personnel of state court systems
through national and state
organizations.
To accomplish these broad objectives,
SJI is authorized to provide funding to
state courts, national organizations
which support and are supported by
state courts, national judicial education
organizations, and other organizations
that can assist in improving the quality
of justice in the state courts. SJI is
supervised by a Board of Directors
appointed by the President, with the
advice and consent of the Senate. The
Board is statutorily composed of six
judges; a state court administrator; and
four members of the public, no more
than two can be of the same political
party.
Through the award of grants,
contracts, and cooperative agreements,
SJI is authorized to perform the
following activities:
A. Support technical assistance,
demonstrations, special projects,
research and training to improve the
administration of justice in the state
courts;
B. Provide for the preparation,
publication, and dissemination of
information regarding state judicial
systems;
C. Participate in joint projects with
federal agencies and other private
grantors;
D. Evaluate or provide for the
evaluation of programs and projects to
determine their impact upon the quality
of criminal, civil, and juvenile justice
and the extent to which they have
contributed to improving the quality of
justice in the state courts;
E. Encourage and assist in furthering
judicial education; and
F. Encourage, assist, and serve in a
consulting capacity to state and local
justice system agencies in the
development, maintenance, and
coordination of criminal, civil, and
juvenile justice programs and services.
II. Eligibility for Award
SJI is authorized by Congress to award
grants, cooperative agreements, and
contracts to the following entities and
types of organizations:
A. State and local courts and their
agencies (42 U.S.C. 10705(b)(1)(A)).
B. National nonprofit organizations
controlled by, operating in conjunction
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with, and serving the judicial branches
of state governments (42 U.S.C.
10705(b)(1)(B)).
C. National nonprofit organizations
for the education and training of judges
and support personnel of the judicial
branch of state governments (42 U.S.C.
10705(b)(1)(C)). An applicant is
considered a national education and
training applicant under section
10705(b)(1)(C) if:
1. The principal purpose or activity of
the applicant is to provide education
and training to state and local judges
and court personnel; and
2. The applicant demonstrates a
record of substantial experience in the
field of judicial education and training.
D. Other eligible grant recipients (42
U.S.C. 10705(b)(2)(A)–(D)).
1. Provided that the objectives of the
project can be served better, the Institute
is also authorized to make awards to:
a. Nonprofit organizations with
expertise in judicial administration;
b. Institutions of higher education;
c. Individuals, partnerships, firms,
corporations (for-profit organizations
must waive their fees); and
d. Private agencies with expertise in
judicial administration.
2. SJI may also make awards to state
or local agencies and institutions other
than courts for services that cannot be
adequately provided through
nongovernmental arrangements (42
U.S.C. 10705(b)(3)).
E. Inter-agency Agreements. SJI may
enter into inter-agency agreements with
federal agencies (42 U.S.C. 10705(b)(4))
and private funders to support projects
consistent with the purposes of the State
Justice Institute Act.
III. Scope of the Program
SJI is offering six types of grants in FY
2012: Project Grants, Technical
Assistance (TA) Grants, Curriculum
Adaptation and Training (CAT) Grants,
Partner Grants, Strategic Initiative
Grants and the Education Support
Program (ESP).
A. Project Grants
Project Grants are intended to support
innovative education and training,
research and evaluation, demonstration,
and technical assistance projects that
can improve the administration of
justice in state courts locally or
nationwide. Project Grants may
ordinarily not exceed $300,000.
Examples of expenses not covered by
Project Grants include the salaries,
benefits, or travel of full- or part-time
court employees. Grant periods for
Project Grants ordinarily may not
exceed 36 months.
Applicants for Project Grants will be
required to contribute a cash match of
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not less than 50 percent of the total cost
of the proposed project. In other words,
grant awards by SJI must be matched at
least dollar for dollar by grant
applicants. Applicants may contribute
the required cash match directly or in
cooperation with third parties.
Prospective applicants should carefully
review Section VI.8. (matching
requirements) and Section VI.16.a. (nonsupplantation) of the Guideline prior to
beginning the application process. If
questions arise, applicants are strongly
encouraged to consult SJI.
A temporary reduced cash match
process is available for state courts
submitting Project Grant applications.
The use of this cash match reduction
authority is intended to help the state
courts in this climate of severe budget
reductions. The process requires the
state court to formally request a reduced
cash match, and that the request be
certified by the chief justice of that state.
The state court must explain in detail
how it is facing budgetary cutbacks that
will result in significant reductions in
other services, and why it will be unable
to undertake the project without a cash
match reduction. This must be
described in detail in the application
and verified by the chief justice of that
state. Only state courts may apply for a
cash match reduction.
Applicants should examine their
projected project costs closely, and if
they are unable to cover half the costs
of the project, they may apply for a
reduction in cash match. Applicants are
strongly encouraged to provide as much
cash match as possible in their
application, as some cash match
contribution is still required.
Applicants are also encouraged to
provide the percentage of budget
reductions in their court(s), and the
measures that have been taken by the
jurisdiction/state to handle the budget
shortfalls. This may include staff
reductions, as well as reductions in
services and programs. Some cash
contribution is still required for Project
Grants, and should be reflected in the
budget proposal for the project. For
example, if the total cost of the
proposed project is $100,000, the
normal cash match would be $50,000.
However, if the applicant is unable to
provide $50,000 for the activities, but is
able to contribute $25,000, the budget
should show the request to SJI totaling
$75,000, with the cash match of
$25,000.
As set forth in Section I., SJI is
authorized to fund projects addressing a
broad range of program areas. Funding
will not be made available for the
ordinary, routine operations of court
systems.
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B. Technical Assistance (TA) Grants
TA Grants are intended to provide
state or local courts, or regional court
associations, with sufficient support to
obtain expert assistance to diagnose a
problem, develop a response to that
problem, and implement any needed
changes. TA Grants may not exceed
$50,000. Examples of expenses not
covered by TA Grants include the
salaries, benefits, or travel of full- or
part-time court employees. Grant
periods for TA Grants ordinarily may
not exceed 24 months. In calculating
project duration, applicants are
cautioned to fully consider the time
required to issue a request for proposals,
negotiate a contract with the selected
provider, and execute the project.
Applicants for TA Grants will be
required to contribute a total match of
not less than 50 percent of the grant
amount requested, of which 20 percent
must be cash. In other words, an
applicant seeking a $50,000 TA grant
must provide a $25,000 match, of which
up to $20,000 can be in-kind and not
less than $5,000 must be cash. TA Grant
application procedures can be found in
section IV.B.
C. Curriculum Adaptation and Training
(CAT) Grants
CAT Grants are intended to: (1)
Enable courts and regional or national
court associations to modify and adapt
model curricula, course modules, or
conference programs to meet states’ or
local jurisdictions’ educational needs;
train instructors to present portions or
all of the curricula; and pilot-test them
to determine their appropriateness,
quality, and effectiveness, or (2) conduct
judicial branch education and training
programs, led by either expert or inhouse personnel, designed to prepare
judges and court personnel for
innovations, reforms, and/or new
technologies recently adopted by
grantee courts. CAT Grants may not
exceed $30,000. Examples of expenses
not covered by CAT Grants include the
salaries, benefits, or travel of full- or
part-time court employees. Grant
periods for CAT Grants ordinarily may
not exceed 12 months.
Applicants for CAT Grants will be
required to contribute a match of not
less than 50 percent of the grant amount
requested, of which 20 percent must be
cash. In other words, an applicant
seeking a $30,000 CAT grant must
provide a $15,000 match, of which up
to $12,000 can be in-kind and not less
than $3,000 must be cash. CAT Grant
application procedures can be found in
section IV.C.
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D. Partner Grants
Partner Grants are intended to allow
SJI and federal, state, or local agencies
or foundations, trusts, or other private
entities to combine financial resources
in pursuit of common interests. SJI and
its financial partners may set any level
for Partner Grants, subject to the entire
amount of the grant being available at
the time of the award. Grant periods for
Partner Grants ordinarily may not
exceed 36 months.
Partner Grants are subject to the same
cash match requirement as Project
Grants. In other words, grant awards by
SJI must be matched at least dollar-fordollar. Partner Grants are coordinated
by the funding organizations. Partner
Grant application procedures can be
found in section IV.E.
E. Strategic Initiatives Grants
The Strategic Initiatives Grants (SIG)
program provides SJI with the flexibility
to address national court issues as they
occur, and develop solutions to those
problems. This is an innovative
approach where SJI uses its expertise
and the expertise and knowledge of its
grantees to address key issues facing
state courts across the United States.
The funding is used for grants or
contractual services, and any remaining
balance not used for the SIG program
will become available for SJI’s other
grant programs. The program is handled
at the discretion of the SJI Board of
Directors and staff outside the normal
grant application process (i.e., SJI will
initiate the project) and there is no cash
match requirement.
F. Education Support Program (ESP) for
Judges and Court Managers
The new Education Support Program
(ESP), formally the Scholarship
Program, is intended to enhance the
skills, knowledge, and abilities of state
court judges and court managers by
enabling them to attend out-of-state, or
to enroll in online, educational and
training programs sponsored by national
and state providers that they could not
otherwise attend or take online because
of limited state, local, and personal
budgets. An ESP award only covers the
cost of tuition up to a maximum of
$1,000 per award. ESP application
procedures can be found in section
IV.D.
IV. Grant Applications
A. Project Grants
An application for a Project Grant
must include an application form;
budget forms (with appropriate
documentation); a project abstract and
program narrative; a disclosure of
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lobbying form, when applicable; and
certain certifications and assurances
(see below). See Appendix B for the
Project Grant application forms.
1. Forms
a. Application Form (Form A)
The application form requests basic
information regarding the proposed
project, the applicant, and the total
amount of funding requested from SJI. It
also requires the signature of an
individual authorized to certify on
behalf of the applicant that the
information contained in the
application is true and complete; that
submission of the application has been
authorized by the applicant; and that if
funding for the proposed project is
approved, the applicant will comply
with the requirements and conditions of
the award, including the assurances set
forth in Form D.
b. Certificate of State Approval (Form B)
An application from a state or local
court must include a copy of Form B
signed by the state’s chief justice or state
court administrator. The signature
denotes that the proposed project has
been approved by the state’s highest
court or the agency or council it has
designated. It denotes further that, if
applicable, a cash match reduction has
been requested, and that if SJI approves
funding for the project, the court or the
specified designee will receive,
administer, and be accountable for the
awarded funds.
c. Budget Form (Form C)
Applicants must submit a Form C. In
addition, applicants must provide a
detailed budget narrative providing an
explanation of the basis for the
estimates in each budget category (see
subsection A.4. below).
If funds from other sources are
required to conduct the project, either as
match or to support other aspects of the
project, the source, current status of the
request, and anticipated decision date
must be provided.
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d. Assurances (Form D)
This form lists the statutory,
regulatory, and policy requirements
with which recipients of Institute funds
must comply.
e. Disclosure of Lobbying Activities
Applicants other than units of state or
local government are required to
disclose whether they, or another entity
that is part of the same organization as
the applicant, have advocated a position
before Congress on any issue, and to
identify the specific subjects of their
lobbying efforts (see section VI.A.7.).
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2. Project Abstract
The abstract should highlight the
purposes, goals, methods, and
anticipated benefits of the proposed
project. It should not exceed 1 singlespaced page on 81⁄2 by 11 inch paper.
3. Program Narrative
The program narrative for an
application may not exceed 25 doublespaced pages on 81⁄2 by 11 inch paper.
Margins must be at least 1 inch, and
type size must be at least 12-point and
12 cpi. The pages should be numbered.
This page limit does not include the
forms, the abstract, the budget narrative,
and any appendices containing resumes
and letters of cooperation or
endorsement. Additional background
material should be attached only if it is
essential to impart a clear
understanding of the proposed project.
Numerous and lengthy appendices are
strongly discouraged.
The program narrative should address
the following topics:
a. Project Objectives
The applicant should include a clear,
concise statement of what the proposed
project is intended to accomplish. In
stating the objectives of the project,
applicants should focus on the overall
programmatic objective (e.g., to enhance
understanding and skills regarding a
specific subject, or to determine how a
certain procedure affects the court and
litigants) rather than on operational
objectives (e.g., provide training for 32
judges and court managers, or review
data from 300 cases).
b. Need for the Project
If the project is to be conducted in any
specific location(s), the applicant
should discuss the particular needs of
the project site(s) to be addressed by the
project and why those needs are not
being met through the use of existing
programs, procedures, services, or other
resources.
If the project is not site-specific, the
applicant should discuss the problems
that the proposed project would
address, and why existing programs,
procedures, services, or other resources
cannot adequately resolve those
problems. The discussion should
include specific references to the
relevant literature and to the experience
in the field.
c. Tasks, Methods and Evaluations
(1) Tasks and Methods. The applicant
should delineate the tasks to be
performed in achieving the project
objectives and the methods to be used
for accomplishing each task. For
example:
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(a) For research and evaluation
projects, the applicant should include
the data sources, data collection
strategies, variables to be examined, and
analytic procedures to be used for
conducting the research or evaluation
and ensuring the validity and general
applicability of the results. For projects
involving human subjects, the
discussion of methods should address
the procedures for obtaining
respondents’ informed consent,
ensuring the respondents’ privacy and
freedom from risk or harm, and
protecting others who are not the
subjects of research but would be
affected by the research. If the potential
exists for risk or harm to human
subjects, a discussion should be
included that explains the value of the
proposed research and the methods to
be used to minimize or eliminate such
risk.
(b) For education and training
projects, the applicant should include
the adult education techniques to be
used in designing and presenting the
program, including the teaching/
learning objectives of the educational
design, the teaching methods to be used,
and the opportunities for structured
interaction among the participants; how
faculty would be recruited, selected,
and trained; the proposed number and
length of the conferences, courses,
seminars, or workshops to be conducted
and the estimated number of persons
who would attend them; the materials to
be provided and how they would be
developed; and the cost to participants.
(c) For demonstration projects, the
applicant should include the
demonstration sites and the reasons
they were selected, or if the sites have
not been chosen, how they would be
identified and their cooperation
obtained; and how the program or
procedures would be implemented and
monitored.
(d) For technical assistance projects,
the applicant should explain the types
of assistance that would be provided;
the particular issues and problems for
which assistance would be provided;
the type of assistance determined; how
suitable providers would be selected
and briefed; and how reports would be
reviewed.
(2) Evaluation. Projects should
include an evaluation plan to determine
whether the project met its objectives.
The evaluation should be designed to
provide an objective and independent
assessment of the effectiveness or
usefulness of the training or services
provided; the impact of the procedures,
technology, or services tested; or the
validity and applicability of the research
conducted. The evaluation plan should
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be appropriate to the type of project
proposed.
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d. Project Management
The applicant should present a
detailed management plan, including
the starting and completion date for
each task; the time commitments to the
project of key staff and their
responsibilities regarding each project
task; and the procedures that would
ensure that all tasks are performed on
time, within budget, and at the highest
level of quality. In preparing the project
time line, Gantt Chart, or schedule,
applicants should make certain that all
project activities, including publication
or reproduction of project products and
their initial dissemination, would occur
within the proposed project period. The
management plan must also provide for
the submission of Quarterly Progress
and Financial Reports within 30 days
after the close of each calendar quarter
(i.e., no later than January 30, April 30,
July 30, and October 30), per section
VI.A.13.
Applicants should be aware that SJI is
unlikely to approve a limited extension
of the grant period without strong
justification. Therefore, the management
plan should be as realistic as possible
and fully reflect the time commitments
of the proposed project staff and
consultants.
e. Products
The program narrative in the
application should contain a description
of the product(s) to be developed (e.g.,
training curricula and materials, Web
sites or other electronic multimedia,
articles, guidelines, manuals, reports,
handbooks, benchbooks, or books),
including when they would be
submitted to SJI. The budget should
include the cost of producing and
disseminating the product to the state
chief justice, state court administrator,
and other appropriate judges or court
personnel. If final products involve
electronic formats, the applicant should
indicate how the product would be
made available to other courts.
Discussion of this dissemination process
should occur between the grantee and
SJI prior to the final selection of the
dissemination process to be used.
(1) Dissemination Plan. The
application must explain how and to
whom the products would be
disseminated; describe how they would
benefit the state courts, including how
they could be used by judges and court
personnel; identify development,
production, and dissemination costs
covered by the project budget; and
present the basis on which products and
services developed or provided under
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the grant would be offered to the court
community and the public at large (i.e.,
whether products would be distributed
at no cost to recipients, or if costs are
involved, the reason for charging
recipients and the estimated price of the
product) (see section VI.A.11.b.).
Ordinarily, applicants should schedule
all product preparation and distribution
activities within the project period.
Applicants proposing to develop
Web-based products should provide for
sending a notice and description of the
document to the appropriate audiences
to alert them to the availability of the
Web site or electronic product (i.e., a
written report with a reference to the
Web site).
Three (3) copies of all project
products should be submitted to SJI,
along with an electronic version in
HTML or PDF format. Discussions of
final product dissemination should be
conducted with SJI prior to the end of
the grant period.
(2) Types of Products. The type of
product to be prepared depends on the
nature of the project. For example, in
most instances, the products of a
research, evaluation, or demonstration
project should include an article
summarizing the project findings that is
publishable in a journal serving the
courts community nationally, an
executive summary that would be
disseminated to the project’s primary
audience, or both. Applicants proposing
to conduct empirical research or
evaluation projects with national import
should describe how they would make
their data available for secondary
analysis after the grant period (see
section VI.A.14.a.).
The curricula and other products
developed through education and
training projects should be designed for
use by others and again by the original
participants in the course of their
duties.
(3) SJI Review. Applicants must
submit a final draft of all written grant
products to SJI for review and approval
at least 30 days before the products are
submitted for publication or
reproduction. For products in Web site
or multimedia format, applicants must
provide for SJI review of the product at
the treatment, script, rough-cut, and
final stages of development, or their
equivalents. No grant funds may be
obligated for publication or
reproduction of a final grant product
without the written approval of SJI (see
section VI.A.11.f.).
(4) Acknowledgment, Disclaimer, and
Logo. Applicants must also include in
all project products a prominent
acknowledgment that support was
received from SJI and a disclaimer
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paragraph based on the example
provided in section VI.A.11.a.2. in the
Grant Guideline. The ‘‘SJI’’ logo must
appear on the front cover of a written
product, or in the opening frames of a
Web site or other multimedia product,
unless SJI approves another placement.
The SJI logo can be downloaded from
SJI’s Web site: https://www.sji.gov.
f. Applicant Status
An applicant that is not a state or
local court and has not received a grant
from SJI within the past three years
should indicate whether it is either a
national non-profit organization
controlled by, operating in conjunction
with, and serving the judicial branches
of state governments, or a national nonprofit organization for the education and
training of state court judges and
support personnel (see section II). If the
applicant is a non-judicial unit of
federal, state, or local government, it
must explain whether the proposed
services could be adequately provided
by non-governmental entities.
g. Staff Capability
The applicant should include a
summary of the training and experience
of the key staff members and
consultants that qualify them for
conducting and managing the proposed
project. Resumes of identified staff
should be attached to the application. If
one or more key staff members and
consultants are not known at the time of
the application, a description of the
criteria that would be used to select
persons for these positions should be
included. The applicant also should
identify the person who would be
responsible for managing and reporting
on the financial aspects of the proposed
project.
h. Organizational Capacity
Applicants that have not received a
grant from SJI within the past three
years should include a statement
describing their capacity to administer
grant funds, including the financial
systems used to monitor project
expenditures (and income, if any), and
a summary of their past experience in
administering grants, as well as any
resources or capabilities that they have
that would particularly assist in the
successful completion of the project.
Unless requested otherwise, an
applicant that has received a grant from
SJI within the past three years should
describe only the changes in its
organizational capacity, tax status, or
financial capability that may affect its
capacity to administer a grant.
If the applicant is a non-profit
organization (other than a university), it
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must also provide documentation of its
501(c) tax-exempt status as determined
by the Internal Revenue Service and a
copy of a current certified audit report.
For purposes of this requirement,
‘‘current’’ means no earlier than two
years prior to the present calendar year.
If a current audit report is not
available, SJI will require the
organization to complete a financial
capability questionnaire, which must be
signed by a certified public accountant.
Other applicants may be required to
provide a current audit report, a
financial capability questionnaire, or
both, if specifically requested to do so
by the Institute.
i. Statement of Lobbying Activities
Non-governmental applicants must
submit SJI’s Disclosure of Lobbying
Activities Form, which documents
whether they, or another entity that is
a part of the same organization as the
applicant, have advocated a position
before Congress on any issue, and
identifies the specific subjects of their
lobbying efforts (see Appendix A).
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j. Letters of Cooperation or Support
If the cooperation of courts,
organizations, agencies, or individuals
other than the applicant is required to
conduct the project, the applicant
should attach written assurances of
cooperation and availability to the
application, or send them under
separate cover. Letters of general
support for a project are also
encouraged.
4. Budget Narrative
In addition to Project Grant
applications, the following section also
applies to Technical Assistance and
Curriculum Adaptation and Training
grant applications.
The budget narrative should provide
the basis for the computation of all
project-related costs. When the
proposed project would be partially
supported by grants from other funding
sources, applicants should make clear
what costs would be covered by those
other grants. Additional background
information or schedules may be
attached if they are essential to
obtaining a clear understanding of the
proposed budget. Numerous and
lengthy appendices are strongly
discouraged.
The budget narrative should cover the
costs of all components of the project
and clearly identify costs attributable to
the project evaluation. Under OMB
grant guidelines incorporated by
reference in this Grant Guideline, grant
funds may not be used to purchase
alcoholic beverages.
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a. Justification of Personnel
Compensation
The applicant should set forth the
percentages of time to be devoted by the
individuals who would staff the
proposed project, the annual salary of
each of those persons, and the number
of work days per year used for
calculating the percentages of time or
daily rates of those individuals. The
applicant should explain any deviations
from current rates or established written
organizational policies. No grant funds
or cash match may be used to pay the
salary and related costs for a current or
new employee of a court or other unit
of government because such funds
would constitute a supplantation of
state or local funds in violation of 42
U.S.C. 10706(d)(1); this includes new
employees hired specifically for the
project. The salary and any related costs
for a current or new employee of a court
or other unit of government may only be
accepted as in-kind match.
b. Fringe Benefit Computation
For non-governmental entities, the
applicant should provide a description
of the fringe benefits provided to
employees. If percentages are used, the
authority for such use should be
presented, as well as a description of the
elements included in the determination
of the percentage rate.
c. Consultant/Contractual Services and
Honoraria
The applicant should describe the
tasks each consultant would perform,
the estimated total amount to be paid to
each consultant, the basis for
compensation rates (e.g., the number of
days multiplied by the daily consultant
rates), and the method for selection.
Rates for consultant services must be set
in accordance with section VII.I.2.c.
Prior written SJI approval is required for
any consultant rate in excess of $800 per
day; SJI funds may not be used to pay
a consultant more than $1,100 per day.
Honorarium payments must be justified
in the same manner as consultant
payments.
d. Travel
Transportation costs and per diem
rates must comply with the policies of
the applicant organization. If the
applicant does not have an established
travel policy, then travel rates must be
consistent with those established by the
Federal government. The budget
narrative should include an explanation
of the rate used, including the
components of the per diem rate and the
basis for the estimated transportation
expenses. The purpose of the travel
should also be included in the narrative.
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e. Equipment
Grant funds may be used to purchase
only the equipment necessary to
demonstrate a new technological
application in a court or that is
otherwise essential to accomplishing the
objectives of the project. In other words,
grant funds cannot be used strictly for
the purpose of purchasing equipment.
Equipment purchases to support basic
court operations ordinarily will not be
approved. The applicant should
describe the equipment to be purchased
or leased and explain why the
acquisition of that equipment is
essential to accomplish the project’s
goals and objectives. The narrative
should clearly identify which
equipment is to be leased and which is
to be purchased. The method of
procurement should also be described.
Purchases of automated data processing
equipment must comply with section
VII.I.2.b.
f. Supplies
The applicant should provide a
general description of the supplies
necessary to accomplish the goals and
objectives of the grant. In addition, the
applicant should provide the basis for
the amount requested for this
expenditure category.
g. Construction
Construction expenses are prohibited
except for the limited purposes set forth
in section VI.A.16.b. Any allowable
construction or renovation expense
should be described in detail in the
budget narrative.
h. Telephone
Applicants should include
anticipated telephone charges,
distinguishing between monthly charges
and long distance charges in the budget
narrative. Also, applicants should
provide the basis used to calculate the
monthly and long distance estimates.
i. Postage
Anticipated postage costs for projectrelated mailings, including distribution
of the final product(s), should be
described in the budget narrative. The
cost of special mailings, such as for a
survey or for announcing a workshop,
should be distinguished from routine
operational mailing costs. The bases for
all postage estimates should be included
in the budget narrative.
j. Printing/Photocopying
Anticipated costs for printing or
photocopying project documents,
reports, and publications should be
included in the budget narrative, along
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Format.’’ Letters from regional court
associations must be signed by the
president of the association.
with the bases used to calculate these
estimates.
k. Indirect Costs
Indirect costs are only applicable to
organizations that are not state courts or
government agencies. Recoverable
indirect costs are limited to no more
than 75 percent of a grantee’s direct
personnel costs, i.e. salaries plus fringe
benefits (see section VII.I.4.).
Applicants should describe the
indirect cost rates applicable to the
grant in detail. If costs often included
within an indirect cost rate are charged
directly (e.g., a percentage of the time of
senior managers to supervise project
activities), the applicant should specify
that these costs are not included within
its approved indirect cost rate. These
rates must be established in accordance
with section VII.I.4. If the applicant has
an indirect cost rate or allocation plan
approved by any federal granting
agency, a copy of the approved rate
agreement must be attached to the
application.
5. Submission Requirements
a. Every applicant must submit an
original and three copies of the
application package consisting of Form
A; Form B, if the application is from a
state or local court, or a Disclosure of
Lobbying Form (Form E), if the
applicant is not a unit of state or local
government; Form C; the Application
Abstract; the Program Narrative; the
Budget Narrative; and any necessary
appendices.
Letters of application may be
submitted at any time. However,
applicants are encouraged to review the
grant deadlines available on the SJI Web
site. Receipt of each application will be
acknowledged by letter or e-mail.
b. Applicants submitting more than
one application may include material
that would be identical in each
application in a cover letter. This
material will be incorporated by
reference into each application and
counted against the 25-page limit for the
program narrative. A copy of the cover
letter should be attached to each copy
of the application.
B. Technical Assistance (TA) Grants
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1. Application Procedures
Applicants for TA Grants may submit
an original and three copies of a
detailed letter describing the proposed
project, as well as a Form A, ‘‘State
Justice Institute Application’’ (see
Appendix B) and Form B, Certificate of
State Approval from the State Supreme
Court, or its designated agency and
Form C, ‘‘Project Budget in Tabular
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2. Application Format
Although there is no prescribed form
for the letter, or a minimum or
maximum page limit, letters of
application should include the
following information:
a. Need for Funding. What is the
critical need facing the applicant? How
would the proposed technical assistance
help the applicant meet this critical
need? Why are state or local resources
not sufficient to fully support the costs
of the required consultant services?
b. Project Description. What tasks
would the consultant be expected to
perform, and how would they be
accomplished? Which organization or
individual would be hired to provide
the assistance, and how was this
consultant selected? If a consultant has
not yet been identified, what procedures
and criteria would be used to select the
consultant (applicants are expected to
follow their jurisdictions’ normal
procedures for procuring consultant
services)? What specific tasks would the
consultant(s) and court staff undertake?
What is the schedule for completion of
each required task and the entire
project? How would the applicant
oversee the project and provide
guidance to the consultant, and who at
the court or regional court association
would be responsible for coordinating
all project tasks and submitting
quarterly progress and financial status
reports?
If the consultant has been identified,
the applicant should provide a letter
from that individual or organization
documenting interest in and availability
for the project, as well as the
consultant’s ability to complete the
assignment within the proposed time
frame and for the proposed cost. The
consultant must agree to submit a
detailed written report to the court and
SJI upon completion of the technical
assistance.
c. Likelihood of Implementation.
What steps have been or would be taken
to facilitate implementation of the
consultant’s recommendations upon
completion of the technical assistance?
For example, if the support or
cooperation of specific court officials or
committees, other agencies, funding
bodies, organizations, or a court other
than the applicant would be needed to
adopt the changes recommended by the
consultant and approved by the court,
how would they be involved in the
review of the recommendations and
development of the implementation
plan?
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3. Budget and Matching State
Contribution
Applicants must follow the same
guidelines provided under Section
IV.A.4. A completed Form C ‘‘Project
Budget, Tabular Format’’ and budget
narrative must be included with the
letter requesting technical assistance.
The budget narrative should provide
the basis for all project-related costs,
including the basis for determining the
estimated consultant costs, if
compensation of the consultant is
required (e.g., the number of days per
task times the requested daily
consultant rate). Applicants should be
aware that consultant rates above $800
per day must be approved in advance by
SJI, and that no consultant will be paid
more than $1,100 per day from SJI
funds. In addition, the budget should
provide for submission of two copies of
the consultant’s final report to the SJI.
Recipients of TA Grants do not have
to submit an audit report but must
maintain appropriate documentation to
support expenditures (see section
VI.A.3.).
4. Submission Requirements
Letters of application should be
submitted according to the grant
deadlines provided on the SJI Web site.
If the support or cooperation of
agencies, funding bodies, organizations,
or courts other than the applicant would
be needed in order for the consultant to
perform the required tasks, written
assurances of such support or
cooperation should accompany the
application letter. Letters of general
support for the project are also
encouraged. Support letters also may be
submitted under separate cover;
however, to ensure that there is
sufficient time to bring them to the
attention of the Institute’s Board of
Directors, letters sent under separate
cover should be received by the same
date as the technical assistance request
being supported.
C. Curriculum Adaptation and Training
(CAT) Grants
1. Application Procedures
In lieu of formal applications,
applicants should submit an original
and three photocopies of a detailed
letter as well as a Form A, ‘‘State Justice
Institute Application;’’ Form B,
‘‘Certificate of State Approval;’’ and
Form C, ‘‘Project Budget, Tabular
Format’’ (see Appendices).
2. Application Format
Although there is no prescribed
format for the letter, or a minimum or
maximum page limit, letters of
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application should include the
following information.
a. For adaptation of a curriculum:
(1) Project Description. What is the
title of the model curriculum to be
adapted and who originally developed
it? Why is this education program
needed at the present time? What are
the project’s goals? What are the
learning objectives of the adapted
curriculum? What program components
would be implemented, and what types
of modifications, if any, are anticipated
in length, format, learning objectives,
teaching methods, or content? Who
would be responsible for adapting the
model curriculum? Who would the
participants be, how many would there
be, how would they be recruited, and
from where would they come (e.g., from
a single local jurisdiction, from across
the state, from a multi-state region, from
across the nation)?
(2) Need for Funding. Why are
sufficient state or local resources
unavailable to fully support the
modification and presentation of the
model curriculum? What is the potential
for replicating or integrating the adapted
curriculum in the future using state or
local funds, once it has been
successfully adapted and tested?
(3) Likelihood of Implementation.
What is the proposed timeline,
including the project start and end
dates? On what date(s) would the
judicial branch education program be
presented? What process would be used
to modify and present the program?
Who would serve as faculty, and how
were they selected? What measures
would be taken to facilitate subsequent
presentations of the program?
Ordinarily, an independent evaluation
of a curriculum adaptation project is not
required; however, the results of any
evaluation should be included in the
final report.
(4) Expressions of Interest by Judges
and/or Court Personnel. Does the
proposed program have the support of
the court system or association
leadership, and of judges, court
managers, and judicial branch education
personnel who are expected to attend?
Applicants may demonstrate this by
attaching letters of support.
b. For training assistance:
(1) Need for Funding. What is the
court reform or initiative prompting the
need for training? How would the
proposed training help the applicant
implement planned changes at the
court? Why are state or local resources
not sufficient to fully support the costs
of the required training?
(2) Project Description. What tasks
would the trainer(s) be expected to
perform? Which organization or
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individual would be hired, if in-house
personnel are not the trainers, to
provide the training, and how was the
trainer selected? If a trainer has not yet
been identified, what procedures and
criteria would be used to select the
trainer? What specific tasks would the
trainer and court staff or regional court
association members undertake? What
presentation methods will be used?
What is the schedule for completion of
each required task and the entire
project? How will the applicant oversee
the project and provide guidance to the
trainer, and who at the court or
affiliated with the regional court
association would be responsible for
coordinating all project tasks and
submitting quarterly progress and
financial status reports?
If the trainer has been identified, the
applicant should provide a letter from
that individual or organization
documenting interest in and availability
for the project, as well as the trainer’s
ability to complete the assignment
within the proposed time frame and for
the proposed cost.
(3) Likelihood of Implementation.
What steps have been or will be taken
to coordinate the implementation of the
new reform, initiative, and the training
to support the same? For example, if the
support or cooperation of specific court
or regional court association officials or
committees, other agencies, funding
bodies, organizations, or a court other
than the applicant would be needed to
adopt the reform and initiate the
training proposed, how would they be
involved in the review of the
recommendations and development of
the implementation plan?
3. Budget and Matching State
Contribution
Applicants must also follow the same
guidelines provided under Section
IV.A.4. Applicants should attach a copy
of budget Form C and a budget narrative
(see subsection A.4. above) that
describes the basis for the computation
of all project-related costs and the
source of the match offered.
4. Submission Requirements
For curriculum adaptation requests,
applicants should allow at least 90 days
between the Board meeting and the date
of the proposed program to allow
sufficient time for needed planning.
Letters of support for the project are also
encouraged. Applicants are encouraged
to call SJI to discuss concerns about
timing of submissions.
D. Partner Grants
SJI and its funding partners may
meld, pick and choose, or waive their
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application procedures, grant cycles, or
grant requirements to expedite the
award of jointly-funded grants targeted
at emerging or high priority problems
confronting state and local courts. SJI
may solicit brief proposals from
potential grantees to fellow financial
partners as a first step. Should SJI be
chosen as the lead grant manager,
Project Grant application procedures
will apply to the proposed Partner
Grant. As with Project Grants, Partner
Grants will be targeted at initiatives
likely to have a significant national
impact.
E. Education Support Program (ESP)
1. Limitations
Applicants may not receive more than
one ESP award in a two-year period
unless the course specifically assumes
multi-year participation, or the course is
part of a graduate degree program in
judicial studies in which the applicant
is currently enrolled (neither exception
should be taken as a commitment on the
part of SJI’s Board of Directors to
approve serial ESP awards). Attendance
at annual or mid-year meetings or
conferences of a state or national
organization does not qualify as an outof-state educational program for the
ESP, even though it may include
workshops or other training sessions.
The ESP only covers the cost of
tuition up to a maximum of $1,000 per
award. Awards will be made for the
exact amount requested for tuition.
Funds to pay tuition in excess of $1,000,
and other cost of attending the program
such as travel, lodging, transportation,
meals, materials, transportation to and
from airports (including rental cars)
must be obtained from other sources or
borne by the ESP award recipient.
Applicants are encouraged to check
other sources of financial assistance and
to combine aid from various sources
whenever possible. An ESP award is not
transferable to another individual. It
may be used only for the course
specified in the application unless the
applicant’s request to attend a different
course that meets the eligibility
requirements is approved in writing by
SJI.
2. Eligibility Requirements
a. Recipients. Because of the limited
amount of funding available, only fulltime judges of state or local trial and
appellate courts; full-time professional,
state, or local court personnel with
management and supervisory
responsibilities; and supervisory and
management probation personnel in
judicial branch probation offices are
eligible for the program. Senior judges,
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part-time judges, quasi-judicial hearing
officers including referees and
commissioners, administrative law
judges, staff attorneys, law clerks, line
staff, law enforcement officers, and
other executive branch personnel are
not eligible.
b. Courses. An ESP award is only for:
(1) A course presented in a state other
than the one in which the applicant
resides or works, or (2) an online course.
The course must be designed to enhance
the skills of new or experienced judges
and court managers; or be offered by a
recognized graduate program for judges
or court managers.
Applicants are encouraged not to wait
for the decision on an ESP applicaiton
to register for an educational program
they wish to attend. SJI does not submit
the names of ESP award recipients to
educational organizations, nor provide
the funds to the educational
organization. ESP funds are provided as
reimbursements directly to the
recipient.
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3. Forms
a. Education Support Program
Application—Form ESP–1 (Appendix
B). The application requests basic
information about the applicant and the
educational program the applicant
would like to attend. It also addresses
the applicant’s commitment to share the
skills and knowledge gained with state
and local court colleagues. The
application must bear the original
signature of the applicant. Faxed or
photocopied signatures will not be
accepted. Please be sure to indicate
whether the state will be providing
funds for the project and, if so, how
much. SJI will not supplant state funds
with these awards.
b. Education Support Program
Concurrence—Form ESP–2 (Appendix
B). Judges and court managers applying
for the program must submit the original
written concurrence of the chief justice
of the state’s supreme court (or the chief
justice’s designee) on Form ESP–2 (see
Appendix B). The signature of the
presiding judge of the applicant’s court
may not be substituted for that of the
state’s chief justice or the chief justice’s
designee. The chief justice or state court
administrator must notify SJI of the
designees within the state for ESP
purposes.
4. Submission Requirements
Applications may be submitted at any
time but will be reviewed on a quarterly
basis. This means ESP awards will be on
a ‘‘first-come, first-considered’’ basis.
The dates for applications to be received
by SJI for consideration in FY 2011 are
November 1, February 1, May 1, and
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August 1. These are not mailing
deadlines. The applications must be
received by SJI on or before each of
these dates. No exceptions or extensions
will be granted. All the required items
must be received for an application to
be considered. If the Concurrence form
or letter of support is sent separately
from the application, the postmark date
of the last item sent will be used in
determining the review date. All
applications should be sent by mail or
courier (not fax or e-mail).
V. Application Review Procedures
A. Preliminary Inquiries
SJI staff will answer inquiries
concerning application procedures.
B. Selection Criteria
1. Project Grant Applications
a. Project Grant applications will be
rated on the basis of the criteria set forth
below. SJI will accord the greatest
weight to the following criteria:
(1) The soundness of the
methodology;
(2) The demonstration of need for the
project;
(3) The appropriateness of the
proposed evaluation design;
(4) If applicable, the key findings and
recommendations of the most recent
evaluation and the proposed responses
to those findings and recommendations;
(5) The applicant’s management plan
and organizational capabilities;
(6) The qualifications of the project’s
staff;
(7) The products and benefits
resulting from the project, including the
extent to which the project will have
long-term benefits for state courts across
the nation;
(8) The degree to which the findings,
procedures, training, technology, or
other results of the project can be
transferred to other jurisdictions;
(9) The reasonableness of the
proposed budget; and,
(10) The demonstration of cooperation
and support of other agencies that may
be affected by the project.
b. In determining which projects to
support, SJI will also consider whether
the applicant is a state court, a national
court support or education organization,
a non-court unit of government, or other
type of entity eligible to receive grants
under SJI’s enabling legislation (see
section II.); the availability of financial
assistance from other sources for the
project; the amount of the applicant’s
match; the extent to which the proposed
project would also benefit the Federal
courts or help State courts enforce
federal constitutional and legislative
requirements; and the level of
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appropriations available to SJI in the
current year and the amount expected to
be available in succeeding fiscal years.
2. Technical Assistance (TA) Grant
Applications
TA Grant applications will be rated
on the basis of the following criteria:
a. Whether the assistance would
address a critical need of the applicant;
b. The soundness of the technical
assistance approach to the problem;
c. The qualifications of the
consultant(s) to be hired or the specific
criteria that will be used to select the
consultant(s);
d. The commitment of the court or
association to act on the consultant’s
recommendations; and,
e. The reasonableness of the proposed
budget.
SJI also will consider factors such as
the level and nature of the match that
would be provided, diversity of subject
matter, geographic diversity, the level of
appropriations available to SJI in the
current year, and the amount expected
to be available in succeeding fiscal
years.
3. Curriculum Adaptation and Training
(CAT) Grant Applications
CAT Grant applications will be rated
on the basis of the following criteria:
a. For curriculum adaptation projects:
(1) The goals and objectives of the
proposed project;
(2) The need for outside funding to
support the program;
(3) The appropriateness of the
approach in achieving the project’s
educational objectives;
(4) The likelihood of effective
implementation and integration of the
modified curriculum into ongoing
educational programming; and,
(5) Expressions of interest by the
judges and/or court personnel who
would be directly involved in or
affected by the project.
b. For training assistance:
(1) Whether the training would
address a critical need of the court or
association;
(2) The soundness of the training
approach to the problem;
(3) The qualifications of the trainer(s)
to be hired or the specific criteria that
will be used to select the trainer(s);
(4) The commitment of the court or
association to the training program; and
(5) The reasonableness of the
proposed budget.
SJI will also consider factors such as
the reasonableness of the amount
requested; compliance with match
requirements; diversity of subject
matter, geographic diversity; the level of
appropriations available in the current
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year; and the amount expected to be
available in succeeding fiscal years.
4. Partner Grants
The selection criteria for Partner
Grants will be driven by the collective
priorities of SJI and other organizations
and their collective assessments
regarding the needs and capabilities of
court and court-related organizations.
Having settled on priorities, SJI and its
financial partners will likely contact the
courts or court-related organizations
most acceptable as pilots, laboratories,
consultants, or the like.
5. Education Support Program (ESP)
ESP awards are only for programs that
either: (1) Enhance the skills of judges
and court managers; or (2) are part of a
graduate degree program for judges or
court personnel. Awards are provided
on the basis of:
a. The date on which the application
and concurrence (and support letter, if
required) were sent (‘‘first-come, firstconsidered’’);
b. The unavailability of state or local
funds, or funding from another source to
cover the costs of attending the program,
or participating online;
c. The absence of educational
programs in the applicant’s state
addressing the topic(s) covered by the
educational program for which the
award is being sought;
d. Geographic balance among the
recipients;
e. The balance of ESP awards among
educational providers and programs;
f. The balance of ESP awards among
the types of courts and court personnel
(trial judge, appellate judge, trial court
administrator) represented; and
g. The level of appropriations
available to SJI in the current year and
the amount expected to be available in
succeeding fiscal years.
The postmark or courier receipt will
be used to determine the date on which
the application form and other required
items were sent.
C. Review and Approval Process
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1. Project Grant Applications
SJI’s Board of Directors will review
the applications competitively. SJI staff
will prepare a narrative summary and a
rating sheet assigning points for each
relevant selection criterion. Staff will
present the narrative summaries and
rating sheets to the Board for its review.
The Board will review all application
summaries and decide which projects it
will fund. The decision to fund a project
is solely that of the Board of Directors.
The Chairman of the Board will sign
approved awards on behalf of SJI.
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2. Technical Assistance (TA) and
Curriculum Adaptation and Training
(CAT) Grant Applications
Staff will prepare a narrative
summary of each application and a
rating sheet assigning points for each
relevant selection criterion. The Board
will review the applications
competitively.
The Chairman of the Board will sign
approved awards on behalf of SJI.
3. Education Support Program (ESP)
A committee of the Board of Directors
will review ESP applications quarterly.
The Board of Directors has delegated its
authority to approve ESP awards to the
committee established for the program.
The committee will review the
applications competitively. In the event
of a tie vote, the Chairman of the Board
will serve as the tie-breaker. The
Chairman of the Board will sign
approved awards on behalf of SJI.
4. Partner Grants
SJI’s internal process for the review
and approval of Partner Grants will
depend on negotiations with fellow
financiers. SJI may use its procedures, a
partner’s procedures, a mix of both, or
entirely unique procedures. All Partner
Grants will be approved by the Board of
Directors on whatever schedule makes
sense at the time.
D. Return Policy
Unless a specific request is made,
unsuccessful applications will not be
returned. Applicants are advised that SJI
records are subject to the provisions of
the Federal Freedom of Information Act,
5 U.S.C. 552.
E. Notification of Board Decision
SJI will send written notice to
applicants concerning all Board
decisions to approve, defer, or deny
their respective applications. For all
applications (except ESP applications),
if requested, SJI will convey the key
issues and questions that arose during
the review process. A decision by the
Board to deny an application may not be
appealed, but it does not prohibit
resubmission of a proposal based on
that application in a subsequent funding
cycle.
F. Response to Notification of Approval
With the exception of those approved
for ESP awards, applicants have 30 days
from the date of the letter notifying
them that the Board has approved their
application to respond to any revisions
requested by the Board. If the requested
revisions (or a reasonable schedule for
submitting such revisions) have not
been submitted to SJI within 30 days
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after notification, the approval may be
rescinded and the application presented
to the Board for reconsideration. In the
event an issue will only be resolved
after award, such as the selection of a
consultant, the final award document
will include a Special Condition that
will require additional grantee reporting
and SJI review and approval. Special
Conditions, in the form of incentives or
sanctions, may also be used in other
situations.
VI. Compliance Requirements
The State Justice Institute Act
contains limitations and conditions on
grants, contracts, and cooperative
agreements awarded by SJI. The Board
of Directors has approved additional
policies governing the use of SJI grant
funds. These statutory and policy
requirements are set forth below.
A. Recipients of Project Grants
1. Advocacy
No funds made available by SJI may
be used to support or conduct training
programs for the purpose of advocating
particular non-judicial public policies
or encouraging non-judicial political
activities (42 U.S.C. 10706(b)).
2. Approval of Key Staff
If the qualifications of an employee or
consultant assigned to a key project staff
position are not described in the
application or if there is a change of a
person assigned to such a position, the
recipient must submit a description of
the qualifications of the newly assigned
person to SJI. Prior written approval of
the qualifications of the new person
assigned to a key staff position must be
received from the Institute before the
salary or consulting fee of that person
and associated costs may be paid or
reimbursed from grant funds (see
section VIII.A.7.).
3. Audit
Recipients of project grants must
provide for an annual fiscal audit which
includes an opinion on whether the
financial statements of the grantee
present fairly its financial position and
its financial operations are in
accordance with generally accepted
accounting principles (see section VII.K.
for the requirements of such audits).
ESP award recipients, Curriculum
Adaptation and Training Grants, and
Technical Assistance Grants are not
required to submit an audit, but they
must maintain appropriate
documentation to support all
expenditures (see section VIII.K.).
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4. Budget Revisions
Budget revisions among direct cost
categories that: (a) Transfer grant funds
to an unbudgeted cost category, or (b)
individually or cumulatively exceed
five percent of the approved original
budget or the most recently approved
revised budget require prior SJI
approval (see section VIII.A.1.).
5. Conflict of Interest
Personnel and other officials
connected with SJI-funded programs
must adhere to the following
requirements:
a. No official or employee of a
recipient court or organization shall
participate personally through decision,
approval, disapproval, recommendation,
the rendering of advice, investigation, or
otherwise in any proceeding,
application, request for a ruling or other
determination, contract, grant,
cooperative agreement, claim,
controversy, or other particular matter
in which SJI funds are used, where, to
his or her knowledge, he or she or his
or her immediate family, partners,
organization other than a public agency
in which he or she is serving as officer,
director, trustee, partner, or employee or
any person or organization with whom
he or she is negotiating or has any
arrangement concerning prospective
employment, has a financial interest.
b. In the use of SJI project funds, an
official or employee of a recipient court
or organization shall avoid any action
which might result in or create the
appearance of:
(1) Using an official position for
private gain; or
(2) Affecting adversely the confidence
of the public in the integrity of the
Institute program.
c. Requests for proposals or
invitations for bids issued by a recipient
of Institute funds or a subgrantee or
subcontractor will provide notice to
prospective bidders that the contractors
who develop or draft specifications,
requirements, statements of work, and/
or requests for proposals for a proposed
procurement will be excluded from
bidding on or submitting a proposal to
compete for the award of such
procurement.
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6. Inventions and Patents
If any patentable items, patent rights,
processes, or inventions are produced in
the course of SJI-sponsored work, such
fact shall be promptly and fully reported
to the Institute. Unless there is a prior
agreement between the grantee and SJI
on disposition of such items, SJI shall
determine whether protection of the
invention or discovery shall be sought.
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SJI will also determine how the rights in
the invention or discovery, including
rights under any patent issued thereon,
shall be allocated and administered in
order to protect the public interest
consistent with ‘‘Government Patent
Policy’’ (President’s Memorandum for
Heads of Executive Departments and
Agencies, February 18, 1983, and
statement of Government Patent Policy).
7. Lobbying
a. Funds awarded to recipients by SJI
shall not be used, indirectly or directly,
to influence Executive Orders or similar
promulgations by federal, state or local
agencies, or to influence the passage or
defeat of any legislation by federal, state
or local legislative bodies (42 U.S.C.
10706(a)).
b. It is the policy of the Board of
Directors to award funds only to support
applications submitted by organizations
that would carry out the objectives of
their applications in an unbiased
manner. Consistent with this policy and
the provisions of 42 U.S.C. 10706, SJI
will not knowingly award a grant to an
applicant that has, directly or through
an entity that is part of the same
organization as the applicant, advocated
a position before Congress on the
specific subject matter of the
application.
8. Matching Requirements
All grantees other than ESP award
recipients are required to provide a
match. A match is the portion of project
costs not borne by the Institute. Match
includes both cash and in-kind
contributions. Cash match is the direct
outlay of funds by the grantee or a third
party to support the project. In-kind
match consists of contributions of time
and/or services of current staff
members, new employees, space,
supplies, etc., made to the project by the
grantee or others (e.g., advisory board
members) working directly on the
project or that portion of the grantee’s
federally-approved indirect cost rate
that exceeds the Guideline’s limit of
permitted charges (75 percent of salaries
and benefits).
Under normal circumstances,
allowable match may be incurred only
during the project period. When
appropriate, and with the prior written
permission of SJI, match may be
incurred from the date of the Board of
Directors’ approval of an award. The
amount and nature of required match
depends on the type of grant (see
section III.).
The grantee is responsible for
ensuring that the total amount of match
proposed is actually contributed. If a
proposed contribution is not fully met,
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SJI may reduce the award amount
accordingly, in order to maintain the
ratio originally provided for in the
award agreement (see section VII.E.1.).
Match should be expended at the same
rate as SJI funding.
The Board of Directors looks favorably
upon any unrequired match contributed
by applicants when making grant
decisions. The match requirement may
be waived in exceptionally rare
circumstances upon the request of the
chief justice of the highest court in the
state or the highest ranking official in
the requesting organization and
approval by the Board of Directors (42
U.S.C. 10705(d)). The Board of Directors
encourages all applicants to provide the
maximum amount of cash and in-kind
match possible, even if a waiver is
approved. The amount and nature of
match are criteria in the grant selection
process (see section V.B.1.b.).
9. Nondiscrimination
No person may, on the basis of race,
sex, national origin, disability, color, or
creed be excluded from participation in,
denied the benefits of, or otherwise
subjected to discrimination under any
program or activity supported by SJI
funds. Recipients of SJI funds must
immediately take any measures
necessary to effectuate this provision.
10. Political Activities
No recipient may contribute or make
available SJI funds, program personnel,
or equipment to any political party or
association, or the campaign of any
candidate for public or party office.
Recipients are also prohibited from
using funds in advocating or opposing
any ballot measure, initiative, or
referendum. Officers and employees of
recipients shall not intentionally
identify SJI or recipients with any
partisan or nonpartisan political activity
associated with a political party or
association, or the campaign of any
candidate for public or party office (42
U.S.C. 10706(a)).
11. Products
a. Acknowledgment, Logo, and
Disclaimer
(1) Recipients of SJI funds must
acknowledge prominently on all
products developed with grant funds
that support was received from the SJI.
The ‘‘SJI’’ logo must appear on the front
cover of a written product, or in the
opening frames of a multimedia
product, unless another placement is
approved in writing by SJI. This
includes final products printed or
otherwise reproduced during the grant
period, as well as re-printings or
reproductions of those materials
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following the end of the grant period. A
camera-ready logo sheet is available on
SJI’s Web site: https://www.sji.gov/forms.
(2) Recipients also must display the
following disclaimer on all grant
products: ‘‘This [document, film,
videotape, etc.] was developed under
[grant/cooperative agreement] number
SJI-[insert number] from the State
Justice Institute. The points of view
expressed are those of the [author(s),
filmmaker(s), etc.] and do not
necessarily represent the official
position or policies of the State Justice
Institute.’’
b. Charges for Grant-Related Products/
Recovery of Costs
(1) SJI’s mission is to support
improvements in the quality of justice
and foster innovative, efficient solutions
to common issues faced by all courts.
SJI has recognized and established
procedures for supporting research and
development of grant products (e.g. a
report, curriculum, video, software,
database, or Web site) through
competitive grant awards based on merit
review of proposed projects. To ensure
that all grants benefit the entire court
community, projects SJI considers
worthy of support (in whole or in part),
are required to be disseminated widely
and available for public consumption.
This includes open-source software and
interfaces. Costs for development,
production, and dissemination are
allowable as direct costs to SJI.
(2) Applicants should disclose their
intent to sell grant-related products in
the application. Grantees must obtain
the written prior approval of SJI of their
plans to recover project costs through
the sale of grant products. Written
requests to recover costs ordinarily
should be received during the grant
period and should specify the nature
and extent of the costs to be recouped,
the reason that such costs were not
budgeted (if the rationale was not
disclosed in the approved application),
the number of copies to be sold, the
intended audience for the products to be
sold, and the proposed sale price. If the
product is to be sold for more than $25,
the written request also should include
a detailed itemization of costs that will
be recovered and a certification that the
costs were not supported by either SJI
grant funds or grantee matching
contributions.
(3) In the event that the sale of grant
products results in revenues that exceed
the costs to develop, produce, and
disseminate the product, the revenue
must continue to be used for the
authorized purposes of SJI-funded
project or other purposes consistent
with the State Justice Institute Act that
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have been approved by SJI (see section
VII.G.).
whether the material is in a verbatim or
extensive paraphrase format.
c. Copyrights
Except as otherwise provided in the
terms and conditions of a SJI award, a
recipient is free to copyright any books,
publications, or other copyrightable
materials developed in the course of a
SJI-supported project, but SJI shall
reserve a royalty-free, nonexclusive and
irrevocable right to reproduce, publish,
or otherwise use, and to authorize
others to use, the materials for purposes
consistent with the State Justice
Institute Act.
12. Prohibition Against Litigation
Support
No funds made available by SJI may
be used directly or indirectly to support
legal assistance to parties in litigation,
including cases involving capital
punishment.
In addition to the distribution
specified in the grant application,
grantees shall send:
(1) Three (3) copies of each final
product developed with grant funds to
SJI, unless the product was developed
under either a Technical Assistance or
a Curriculum Adaptation and Training
Grant, in which case submission of 2
copies is required; and
(2) An electronic version of the
product in HTML or PDF format to SJI.
13. Reporting Requirements
a. Recipients of SJI funds other than
ESP awards must submit Quarterly
Progress and Financial Status Reports
within 30 days of the close of each
calendar quarter (that is, no later than
January 30, April 30, July 30, and
October 30). The Quarterly Progress
Reports shall include a narrative
description of project activities during
the calendar quarter, the relationship
between those activities and the task
schedule and objectives set forth in the
approved application or an approved
adjustment thereto, any significant
problem areas that have developed and
how they will be resolved, and the
activities scheduled during the next
reporting period. Failure to comply with
the requirements of this provision could
result in the termination of a grantee’s
award.
b. The quarterly Financial Status
Report must be submitted in accordance
with section VII.H.2. of this Guideline.
A final project Progress Report and
Financial Status Report shall be
submitted within 90 days after the end
of the grant period in accordance with
section VII.L.1. of this Guideline.
f. SJI Approval
14. Research
No grant funds may be obligated for
publication or reproduction of a final
product developed with grant funds
without the written approval of SJI.
Grantees shall submit a final draft of
each written product to SJI for review
and approval. The draft must be
submitted at least 30 days before the
product is scheduled to be sent for
publication or reproduction to permit
SJI review and incorporation of any
appropriate changes required by SJI.
Grantees must provide for timely
reviews by the SJI of Web site or other
multimedia products at the treatment,
script, rough cut, and final stages of
development or their equivalents.
a. Availability of Research Data for
Secondary Analysis
Upon request, grantees must make
available for secondary analysis a
diskette(s) or data tape(s) containing
research and evaluation data collected
under a SJI grant and the accompanying
code manual. Grantees may recover the
actual cost of duplicating and mailing or
otherwise transmitting the data set and
manual from the person or organization
requesting the data. Grantees may
provide the requested data set in the
format in which it was created and
analyzed.
d. Due Date
All products and, for TA and CAT
grants, consultant and/or trainer reports
(see section VI.B.1 & 2) are to be
completed and distributed (see below)
not later than the end of the award
period, not the 90-day close out period.
The latter is only intended for grantee
final reporting and to liquidate
obligations (see section VII.L.).
e. Distribution
g. Original Material
All products prepared as the result of
SJI-supported projects must be
originally-developed material unless
otherwise specified in the award
documents. Material not originally
developed that is included in such
products must be properly identified,
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b. Confidentiality of Information
Except as provided by federal law
other than the State Justice Institute Act,
no recipient of financial assistance from
SJI may use or reveal any research or
statistical information furnished under
the Act by any person and identifiable
to any specific private person for any
purpose other than the purpose for
which the information was obtained.
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Such information and copies thereof
shall be immune from legal process, and
shall not, without the consent of the
person furnishing such information, be
admitted as evidence or used for any
purpose in any action, suit, or other
judicial, legislative, or administrative
proceedings.
c. Human Subject Protection
Human subjects are defined as
individuals who are participants in an
experimental procedure or who are
asked to provide information about
themselves, their attitudes, feelings,
opinions, and/or experiences through an
interview, questionnaire, or other data
collection technique. All research
involving human subjects shall be
conducted with the informed consent of
those subjects and in a manner that will
ensure their privacy and freedom from
risk or harm and the protection of
persons who are not subjects of the
research but would be affected by it,
unless such procedures and safeguards
would make the research impractical. In
such instances, SJI must approve
procedures designed by the grantee to
provide human subjects with relevant
information about the research after
their involvement and to minimize or
eliminate risk or harm to those subjects
due to their participation.
c. Solely to purchase equipment.
15. State and Local Court Applications
B. Recipients of Technical Assistance
(TA) and Curriculum Adaptation and
Training (CAT) Grants
Each application for funding from a
state or local court must be approved,
consistent with state law, by the state
supreme court, or its designated agency
or council. The supreme court or its
designee shall receive, administer, and
be accountable for all funds awarded on
the basis of such an application (42
U.S.C. 10705(b)(4)). See section VII.C.2.
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16. Supplantation and Construction
To ensure that SJI funds are used to
supplement and improve the operation
of state courts, rather than to support
basic court services, SJI funds shall not
be used for the following purposes:
a. To supplant state or local funds
supporting a program or activity (such
as paying the salary of court employees
who would be performing their normal
duties as part of the project, or paying
rent for space which is part of the
court’s normal operations);
b. To construct court facilities or
structures, except to remodel existing
facilities or to demonstrate new
architectural or technological
techniques, or to provide temporary
facilities for new personnel or for
personnel involved in a demonstration
or experimental program; or
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17. Suspension or Termination of
Funding
After providing a recipient reasonable
notice and opportunity to submit
written documentation demonstrating
why fund termination or suspension
should not occur, SJI may terminate or
suspend funding of a project that fails
to comply substantially with the Act,
the Guideline, or the terms and
conditions of the award (42 U.S.C.
10708(a)).
18. Title to Property
At the conclusion of the project, title
to all expendable and nonexpendable
personal property purchased with SJI
funds shall vest in the recipient court,
organization, or individual that
purchased the property if certification is
made to and approved by SJI that the
property will continue to be used for the
authorized purposes of the Institutefunded project or other purposes
consistent with the State Justice
Institute Act. If such certification is not
made or SJI disapproves such
certification, title to all such property
with an aggregate or individual value of
$1,000 or more shall vest in SJI, which
will direct the disposition of the
property.
Recipients of TA and CAT Grants
must comply with the requirements
listed in section VI.A. (except the
requirements pertaining to audits in
subsection A.3. above and product
dissemination and approval in
subsection A.11.e. and f. above) and the
reporting requirements below:
1. Technical Assistance (TA) Grant
Reporting Requirements
Recipients of TA Grants must submit
to SJI one copy of a final report that
explains how it intends to act on the
consultant’s recommendations, as well
as two copies of the consultant’s written
report.
2. Curriculum Adaptation and Training
(CAT) Grant Reporting Requirements
Recipients of CAT Grants must submit
one copy of the agenda or schedule,
outline of presentations and/or relevant
instructor’s notes, copies of overhead
transparencies, power point
presentations, or other visual aids,
exercises, case studies and other
background materials, hypotheticals,
quizzes, and other materials involving
the participants, manuals, handbooks,
conference packets, evaluation forms,
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and suggestions for replicating the
program, including possible faculty or
the preferred qualifications or
experience of those selected as faculty,
developed under the grant at the
conclusion of the grant period, along
with a final report that includes any
evaluation results and explains how the
grantee intends to present the
educational program in the future, as
well as two copies of the consultant’s or
trainer’s report.
C. Education Support Program (ESP)
Recipients
1. ESP award recipients are
responsible for disseminating the
information received from the course to
their court colleagues locally and, if
possible, throughout the state.
Recipients also must submit to SJI a
certificate of attendance from the
program and a copy of the notice of any
funding received from other sources. A
state or local jurisdiction may impose
additional requirements on ESP award
recipients.
2. To receive the funds authorized by
an ESP award, recipients must submit
an ESP Payment Request (Form ESP–3)
together with a tuition statement from
the program sponsor.
ESP Payment Requests must be
submitted within 90 days after the end
of the course, which the recipient
attended.
3. ESP recipients are encouraged to
check with their tax advisors to
determine whether an award constitutes
taxable income under federal and state
law.
D. Partner Grants
The compliance requirements for
Partner Grant recipients will depend
upon the agreements struck between the
grant financiers and between lead
financiers and grantees. Should SJI be
the lead, the compliance requirements
for Project Grants will apply, unless
specific arrangements are determined by
the Partners.
VII. Financial Requirements
A. Purpose
The purpose of this section is to
establish accounting system
requirements and offer guidance on
procedures to assist all grantees, subgrantees, contractors, and other
organizations in:
1. Complying with the statutory
requirements for the award,
disbursement, and accounting of funds;
2. Complying with regulatory
requirements of SJI for the financial
management and disposition of funds;
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3. Generating financial data to be used
in planning, managing, and controlling
projects; and
4. Facilitating an effective audit of
funded programs and projects.
B. References
Except where inconsistent with
specific provisions of this Grant
Guideline, the following circulars are
applicable to SJI grants and cooperative
agreements under the same terms and
conditions that apply to federal
grantees. The circulars supplement the
requirements of this section for
accounting systems and financial
recordkeeping and provide additional
guidance on how these requirements
may be satisfied (circulars may be
obtained on the OMB Web site at
https://www.whitehouse.gov/omb).
1. Office of Management and Budget
(OMB) Circular A–21, Cost Principles for
Educational Institutions.
2. Office of Management and Budget
(OMB) Circular A–87, Cost Principles for
State and Local Governments.
3. Office of Management and Budget
(OMB) Circular A–102, Uniform
Administrative Requirements for Grants-inAid to State and Local Governments.
4. Office of Management and Budget
(OMB) Circular A–110, Grants and
Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit
Organizations.
5. Office of Management and Budget
(OMB) Circular A–122, Cost Principles for
Non-profit Organizations.
6. Office of Management and Budget
(OMB) Circular A–133, Audits of States,
Local Governments and Non-profit
Organizations.
C. Supervision and Monitoring
Responsibilities
1. Grantee Responsibilities
All grantees receiving awards from SJI
are responsible for the management and
fiscal control of all funds.
Responsibilities include accounting for
receipts and expenditures, maintaining
adequate financial records, and
refunding expenditures disallowed by
audits.
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2. Responsibilities of the State Supreme
Court
a. Each application for funding from
a state or local court must be approved,
consistent with state law, by the state
supreme court, or its designated agency
or council.
b. The state supreme court or its
designee shall receive all SJI funds
awarded to such courts; be responsible
for assuring proper administration of SJI
funds; and be responsible for all aspects
of the project, including proper
accounting and financial record-keeping
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by the subgrantee. These responsibilities
include:
(1) Reviewing Financial Operations.
The state supreme court or its designee
should be familiar with, and
periodically monitor, its sub-grantee’s
financial operations, records system,
and procedures. Particular attention
should be directed to the maintenance
of current financial data.
(2) Recording Financial Activities.
The sub-grantee’s grant award or
contract obligation, as well as cash
advances and other financial activities,
should be recorded in the financial
records of the state supreme court or its
designee in summary form. Sub-grantee
expenditures should be recorded on the
books of the state supreme court OR
evidenced by report forms duly filed by
the sub-grantee. Matching contributions
provided by sub-grantees should
likewise be recorded, as should any
project income resulting from program
operations.
(3) Budgeting and Budget Review. The
state supreme court or its designee
should ensure that each sub-grantee
prepares an adequate budget as the basis
for its award commitment. The state
supreme court should maintain the
details of each project budget on file.
(4) Accounting for Match. The state
supreme court or its designee will
ensure that sub-grantees comply with
the match requirements specified in this
Grant Guideline (see section VI.A.8.).
(5) Audit Requirement. The state
supreme court or its designee is
required to ensure that sub-grantees
meet the necessary audit requirements
set forth by SJI (see sections K. below
and VI.A.3.).
(6) Reporting Irregularities. The state
supreme court, its designees, and its
sub-grantees are responsible for
promptly reporting to SJI the nature and
circumstances surrounding any
financial irregularities discovered.
D. Accounting System
The grantee is responsible for
establishing and maintaining an
adequate system of accounting and
internal controls and for ensuring that
an adequate system exists for each of its
sub-grantees and contractors. An
acceptable and adequate accounting
system:
1. Properly accounts for receipt of
funds under each grant awarded and the
expenditure of funds for each grant by
category of expenditure (including
matching contributions and project
income);
2. Assures that expended funds are
applied to the appropriate budget
category included within the approved
grant;
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3. Presents and classifies historical
costs of the grant as required for
budgetary and evaluation purposes;
4. Provides cost and property controls
to assure optimal use of grant funds;
5. Is integrated with a system of
internal controls adequate to safeguard
the funds and assets covered, check the
accuracy and reliability of the
accounting data, promote operational
efficiency, and assure conformance with
any general or special conditions of the
grant;
6. Meets the prescribed requirements
for periodic financial reporting of
operations; and
7. Provides financial data for
planning, control, measurement, and
evaluation of direct and indirect costs.
E. Total Cost Budgeting and Accounting
Accounting for all funds awarded by
SJI must be structured and executed on
a ‘‘Total Project Cost’’ basis. That is,
total project costs, including SJI funds,
state and local matching shares, and any
other fund sources included in the
approved project budget serve as the
foundation for fiscal administration and
accounting. Grant applications and
financial reports require budget and cost
estimates on the basis of total costs.
1. Timing of Matching Contributions
Matching contributions should be
applied at the same time of the
obligation of SJI funds. Ordinarily, the
full matching share must be obligated
during the award period; however, with
the written permission of SJI,
contributions made following approval
of the grant by the Board of Directors,
but before the beginning of the grant,
may be counted as match. If a proposed
cash or in-kind match is not fully met,
SJI may reduce the award amount
accordingly to maintain the ratio of
grant funds to matching funds stated in
the award agreement.
2. Records for Match
All grantees must maintain records
that clearly show the source, amount,
and timing of all matching
contributions. In addition, if a project
has included, within its approved
budget, contributions which exceed the
required matching portion, the grantee
must maintain records of those
contributions in the same manner as it
does SJI funds and required matching
shares. For all grants made to state and
local courts, the state supreme court has
primary responsibility for grantee/subgrantee compliance with the
requirements of this section (see
subsection C.2. above).
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F. Maintenance and Retention of
Records
All financial records, including
supporting documents, statistical
records, and all other information
pertinent to grants, sub-grants,
cooperative agreements, or contracts
under grants, must be retained by each
organization participating in a project
for at least three years for purposes of
examination and audit. State supreme
courts may impose record retention and
maintenance requirements in addition
to those prescribed in this section.
1. Coverage
The retention requirement extends to
books of original entry, source
documents supporting accounting
transactions, the general ledger,
subsidiary ledgers, personnel and
payroll records, canceled checks, and
related documents and records. Source
documents include copies of all grant
and sub-grant awards, applications, and
required grantee/sub-grantee financial
and narrative reports. Personnel and
payroll records shall include the time
and attendance reports for all
individuals reimbursed under a grant,
sub-grant or contract, whether they are
employed full-time or part-time. Time
and effort reports are required for
consultants.
2. Retention Period
The three-year retention period starts
from the date of the submission of the
final expenditure report.
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3. Maintenance
Grantees and sub-grantees are
expected to see that records of different
fiscal years are separately identified and
maintained so that requested
information can be readily located.
Grantees and sub-grantees are also
obligated to protect records adequately
against fire or other damage. When
records are stored away from the
grantee’s/sub-grantee’s principal office,
a written index of the location of stored
records should be on hand, and ready
access should be assured.
4. Access
Grantees and sub-grantees must give
any authorized representative of SJI
access to and the right to examine all
records, books, papers, and documents
related to a SJI grant.
G. Project-Related Income
Records of the receipt and disposition
of project-related income must be
maintained by the grantee in the same
manner as required for the project funds
that gave rise to the income and must be
reported to SJI (see subsection H.2.
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below). The policies governing the
disposition of the various types of
project-related income are listed below.
1. Interest
A state and any agency or
instrumentality of a state, including
institutions of higher education and
hospitals, shall not be held accountable
for interest earned on advances of
project funds. When funds are awarded
to sub-grantees through a state, the subgrantees are not held accountable for
interest earned on advances of project
funds. Local units of government and
nonprofit organizations that are grantees
must refund any interest earned.
Grantees shall ensure minimum
balances in their respective grant cash
accounts.
2. Royalties
The grantee/sub-grantee may retain all
royalties received from copyrights or
other works developed under projects or
from patents and inventions, unless the
terms and conditions of the grant
provide otherwise.
3. Registration and Tuition Fees
Registration and tuition fees may be
considered as cash match with the prior
written approval from SJI. Estimates of
registration and tuition fees, and any
expenses to be offset by the fees, should
be included in the application budget
forms and narrative.
4. Income From the Sale of Grant
Products
If the sale of products occurs during
the project period, the income may be
treated as cash match with the prior
written approval from SJI. The costs and
income generated by the sales must be
reported on the Quarterly Financial
Status Reports and documented in an
auditable manner. Whenever possible,
the intent to sell a product should be
disclosed in the application or reported
to SJI in writing once a decision to sell
products has been made. The grantee
must request approval to recover its
product development, reproduction,
and dissemination costs as specified in
section VI.A.11.b.
5. Other
Other project income shall be treated
in accordance with disposition
instructions set forth in the grant’s terms
and conditions.
H. Payments and Financial Reporting
Requirements
1. Payment of Grant Funds
The procedures and regulations set
forth below are applicable to all SJI
grant funds and grantees.
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a. Request for Reimbursement of
Funds. Grantees will receive funds on a
U.S. Treasury ‘‘check-issued’’ or
electronic funds transfer (EFT) basis.
Upon receipt, review, and approval of a
Request for Advance or Reimbursement
by SJI, payment will be issued directly
to the grantee or its designated fiscal
agent. A request must be limited to the
grantee’s immediate cash needs. The
Request for Reimbursement Form R),
along with the instructions for its
preparation, and the SF 3881
Automated Clearing House (ACH/
Miscellaneous Payment Enrollment
Form for EFT) are available on the
Institute’s Web site: https://www.sji.gov/
forms.php.
b. Termination Reimbursement
Funding. When a grantee organization
receiving cash advances from SJI:
(1) Demonstrates an unwillingness or
inability to attain program or project
goals, or to establish procedures that
will minimize the time elapsing
between cash advances and
disbursements, or is unable to adhere to
guideline requirements or special
conditions;
(2) Engages in the improper award
and administration of sub-grants or
contracts; or
(3) Is unable to submit reliable and/
or timely reports; SJI may terminate
advance financing and require the
grantee organization to finance its
operations with its own working capital.
Payments to the grantee shall then be
made by U.S. Treasury check or EFT to
reimburse the grantee for actual cash
disbursements. In the event the grantee
continues to be deficient, SJI may
suspend reimbursement payments until
the deficiencies are corrected. In
extreme cases, grants may be
terminated.
c. Principle of Minimum Cash on
Hand. Grantees should request funds
based upon immediate disbursement
requirements. Grantees should time
their requests to ensure that cash on
hand is the minimum needed for
disbursements to be made immediately
or within a few days.
2. Financial Reporting
a. General Requirements. To obtain
financial information concerning the
use of funds, the Institute requires that
grantees/sub-grantees submit timely
reports for review.
b. Due Dates and Contents. A
Financial Status Report is required from
all grantees, other than ESP award
recipients, for each active quarter on a
calendar-quarter basis. This report is
due within 30 days after the close of the
calendar quarter. It is designed to
provide financial information relating to
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SJI funds, state and local matching
shares, project income, and any other
sources of funds for the project, as well
as information on obligations and
outlays. A copy of the Financial Status
Report, along with instructions for its
preparation, are provided on the SJI
Web site. If a grantee requests
substantial payments for a project prior
to the completion of a given quarter, SJI
may request a brief summary of the
amount requested, by object class, to
support the Request for Advance or
Reimbursement.
3. Consequences of Non-Compliance
With Submission Requirement
Failure of the grantee to submit
required financial and progress reports
may result in suspension or termination
of grant payments.
I. Allowability of Costs
1. General
Except as may be otherwise provided
in the conditions of a particular grant,
cost allowability is determined in
accordance with the principles set forth
in OMB Circulars A–21, Cost Principles
Applicable to Grants and Contracts with
Educational Institutions; A–87, Cost
Principles for State and Local
Governments; and A–122, Cost
Principles for Non-profit Organizations.
No costs may be recovered to
liquidate obligations incurred after the
approved grant period. Circulars may be
obtained on the OMB Web site at
https://www.whitehouse.gov/omb.
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2. Costs Requiring Prior Approval
a. Pre-agreement Costs. The written
prior approval of the Institute is
required for costs considered necessary
but which occur prior to the start date
of the project period.
b. Equipment. Grant funds may be
used to purchase or lease only that
equipment essential to accomplishing
the goals and objectives of the project.
The written prior approval of the
Institute is required when the amount of
automated data processing (ADP)
equipment to be purchased or leased
exceeds $10,000 or software to be
purchased exceeds $3,000.
c. Consultants. The written prior
approval from SJI is required when the
rate of compensation to be paid a
consultant exceeds $800 a day. SJI funds
may not be used to pay a consultant
more than $1,100 per day.
d. Budget Revisions. Budget revisions
among direct cost categories that (i)
transfer grant funds to an unbudgeted
cost category or (ii) individually or
cumulatively exceed five percent (5%)
of the approved original budget or the
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most recently approved revised budget
require prior SJI approval (see section
VIII.A.1.).
3. Travel Costs
Transportation and per diem rates
must comply with the policies of the
grantee. If the grantee does not have an
established written travel policy, then
travel rates must be consistent with
those established by the federal
government. SJI funds may not be used
to cover the transportation or per diem
costs of a member of a national
organization to attend an annual or
other regular meeting, or conference of
that organization.
4. Indirect Costs
Indirect costs are only applicable to
organizations that are not state courts or
government agencies. These are costs of
an organization that are not readily
assignable to a particular project but are
necessary to the operation of the
organization and the performance of the
project. The cost of operating and
maintaining facilities, depreciation, and
administrative salaries are examples of
the types of costs that are usually
treated as indirect costs. Although SJI’s
policy requires all costs to be budgeted
directly, it will accept indirect costs if
a grantee has an indirect cost rate
approved by a Federal agency as set
forth below. However, recoverable
indirect costs are limited to no more
than 75 percent of a grantee’s direct
personnel costs (salaries plus fringe
benefits).
a. Approved Plan Available.
(1) A copy of an indirect cost rate
agreement or allocation plan approved
for a grantee during the preceding two
years by any Federal granting agency on
the basis of allocation methods
substantially in accord with those set
forth in the applicable cost circulars
must be submitted to SJI.
(2) Where flat rates are accepted in
lieu of actual indirect costs, grantees
may not also charge expenses normally
included in overhead pools, e.g.,
accounting services, legal services,
building occupancy and maintenance,
etc., as direct costs.
b. Establishment of Indirect Cost
Rates. To be reimbursed for indirect
costs, a grantee must first establish an
appropriate indirect cost rate. To do
this, the grantee must prepare an
indirect cost rate proposal and submit it
to SJI within three months after the start
of the grant period to assure recovery of
the full amount of allowable indirect
costs. The rate must be developed in
accordance with principles and
procedures appropriate to the type of
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grantee institution involved as specified
in the applicable OMB Circular.
c. No Approved Plan. If an indirect
cost proposal for recovery of indirect
costs is not submitted to SJI within three
months after the start of the grant
period, indirect costs will be irrevocably
disallowed for all months prior to the
month that the indirect cost proposal is
received.
J. Procurement and Property
Management Standards
1. Procurement Standards
For state and local governments, SJI
has adopted the standards set forth in
Attachment O of OMB Circular A–102.
Institutions of higher education,
hospitals, and other non-profit
organizations will be governed by the
standards set forth in Attachment O of
OMB Circular A–110.
2. Property Management Standards
The property management standards
as prescribed in Attachment N of OMB
Circulars A–102 and A–110 apply to all
SJI grantees and sub-grantees except as
provided in section VI.A.18. All
grantees/sub-grantees are required to be
prudent in the acquisition and
management of property with grant
funds. If suitable property required for
the successful execution of projects is
already available within the grantee or
subgrantee organization, expenditures of
grant funds for the acquisition of new
property will be considered
unnecessary.
K. Audit Requirements
1. Implementation
Each recipient of a Project Grant must
provide for an annual fiscal audit. This
requirement also applies to a state or
local court receiving a sub-grant from
the state supreme court. The audit may
be of the entire grantee or sub-grantee
organization or of the specific project
funded by the Institute. Audits
conducted in accordance with the
Single Audit Act of 1984 and OMB
Circular A–133, will satisfy the
requirement for an annual fiscal audit.
The audit must be conducted by an
independent Certified Public
Accountant, or a state or local agency
authorized to audit government
agencies. Grantees must send two copies
of the audit report to the Institute.
Grantees that receive funds from a
federal agency and satisfy audit
requirements of the cognizant federal
agency must submit two copies of the
audit report prepared for that federal
agency to SJI in order to satisfy the
provisions of this section.
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2. Resolution and Clearance of Audit
Reports
Timely action on recommendations
by responsible management officials is
an integral part of the effectiveness of an
audit. Each grantee must have policies
and procedures for acting on audit
recommendations by designating
officials responsible for: (1) Follow-up,
(2) maintaining a record of the actions
taken on recommendations and time
schedules, (3) responding to and acting
on audit recommendations, and (4)
submitting periodic reports to SJI on
recommendations and actions taken.
3. Consequences of Non-Resolution of
Audit Issues
Ordinarily, SJI will not make a
subsequent grant award to an applicant
that has an unresolved audit report
involving SJI awards. Failure of the
grantee to resolve audit questions may
also result in the suspension or
termination of payments for active SJI
grants to that organization.
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L. Close-Out of Grants
1. Grantee Close-Out Requirements
Within 90 days after the end date of
the grant or any approved extension
thereof (see subsection L.2. below), the
following documents must be submitted
to SJI by grantees (other than ESP award
recipients):
a. Financial Status Report. The final
report of expenditures must have no
unliquidated obligations and must
indicate the exact balance of
unobligated funds. Any unobligated/
unexpended funds will be deobligated
from the award by SJI. Final payment
requests for obligations incurred during
the award period must be submitted to
the Institute prior to the end of the 90day close-out period. Grantees who have
drawn down funds in excess of their
obligations/expenditures, must return
any unused funds as soon as it is
determined that the funds are not
required. In no instance should any
unused funds remain with the grantee
beyond the submission date of the final
Financial Status Report.
b. Final Progress Report. This report
should describe the project activities
during the final calendar quarter of the
project and the close-out period,
including to whom project products
have been disseminated; provide a
summary of activities during the entire
project; specify whether all the
objectives set forth in the approved
application or an approved adjustment
have been met and, if any of the
objectives have not been met, explain
why not; and discuss what, if anything,
could have been done differently that
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might have enhanced the impact of the
project or improved its operation.
These reporting requirements apply at
the conclusion of every grant other than
an ESP award.
2. Extension of Close-out Period
Upon the written request of the
grantee, SJI may extend the close-out
period to assure completion of the
grantee’s close-out requirements.
Requests for an extension must be
submitted at least 14 days before the
end of the close-out period and must
explain why the extension is necessary
and what steps will be taken to assure
that all the grantee’s responsibilities
will be met by the end of the extension
period.
VIII. Grant Adjustments
All requests for programmatic or
budgetary adjustments requiring
Institute approval must be submitted by
the project director in a timely manner
(ordinarily 30 days prior to the
implementation of the adjustment being
requested). All requests for changes
from the approved application will be
carefully reviewed for both consistency
with this Grant Guideline and the
enhancement of grant goals and
objectives. Failure to submit
adjustments in a timely manner may
result in the termination of a grantee’s
award.
A. Grant Adjustments Requiring Prior
Written Approval
The following grant adjustments
require the prior written approval of SJI:
1. Budget revisions among direct cost
categories that (a) transfer grant funds to
an unbudgeted cost category or (b)
individually or cumulatively exceed
five percent (5%) of the approved
original budget or the most recently
approved revised budget (see section
VII.I.2.d.).
2. A change in the scope of work to
be performed or the objectives of the
project (see subsection D. below).
3. A change in the project site.
4. A change in the project period,
such as an extension of the grant period
and/or extension of the final financial or
progress report deadline (see subsection
E. below).
5. Satisfaction of special conditions, if
required.
6. A change in or temporary absence
of the project director (see subsections
F. and G. below).
7. The assignment of an employee or
consultant to a key staff position whose
qualifications were not described in the
application, or a change of a person
assigned to a key project staff position
(see section VI.A.2.).
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8. A change in or temporary absence
of the person responsible for managing
and reporting on the grant’s finances.
9. A change in the name of the grantee
organization.
10. A transfer or contracting out of
grant-supported activities (see
subsection H. below).
11. A transfer of the grant to another
recipient.
12. Pre-agreement costs (see section
VII.I.2.a.).
13. The purchase of automated data
processing equipment and software (see
section VII.I.2.b.).
14. Consultant rates (see section
VII.I.2.c.).
15. A change in the nature or number
of the products to be prepared or the
manner in which a product would be
distributed.
B. Requests for Grant Adjustments
All grantees must promptly notify SJI,
in writing, of events or proposed
changes that may require adjustments to
the approved project design. In
requesting an adjustment, the grantee
must set forth the reasons and basis for
the proposed adjustment and any other
information the program manager
determines would help SJI’s review.
C. Notification of Approval/Disapproval
If the request is approved, the grantee
will be sent a Grant Adjustment signed
by the SJI Executive Director. If the
request is denied, the grantee will be
sent a written explanation of the reasons
for the denial.
D. Changes in the Scope of the Grant
Major changes in scope, duration,
training methodology, or other
significant areas must be approved in
advance by SJI. A grantee may make
minor changes in methodology,
approach, or other aspects of the grant
to expedite achievement of the grant’s
objectives with subsequent notification
to SJI.
E. Date Changes
A request to change or extend the
grant period must be made at least 30
days in advance of the end date of the
grant. A revised task plan should
accompany a request for an extension of
the grant period, along with a revised
budget if shifts among budget categories
will be needed. A request to change or
extend the deadline for the final
financial report or final progress report
must be made at least 14 days in
advance of the report deadline (see
section VII.L.2.).
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F. Temporary Absence of the Project
Director
Whenever an absence of the project
director is expected to exceed a
continuous period of one month, the
plans for the conduct of the project
director’s duties during such absence
must be approved in advance by the
Institute. This information must be
provided in a letter signed by an
authorized representative of the grantee/
sub-grantee at least 30 days before the
departure of the project director, or as
soon as it is known that the project
director will be absent. The grant may
be terminated if arrangements are not
approved in advance by SJI.
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G. Withdrawal of/Change in Project
Director
If the project director relinquishes or
expects to relinquish active direction of
the project, SJI must be notified
immediately. In such cases, if the
grantee/sub-grantee wishes to terminate
the project, SJI will forward procedural
instructions upon notification of such
intent. If the grantee wishes to continue
the project under the direction of
another individual, a statement of the
candidate’s qualifications should be
sent to SJI for review and approval. The
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grant may be terminated if the
qualifications of the proposed
individual are not approved in advance
by the Institute.
H. Transferring or Contracting Out of
Grant-Supported Activities
No principal activity of a grantsupported project may be transferred or
contracted out to another organization
without specific prior approval by SJI.
All such arrangements must be
formalized in a contract or other written
agreement between the parties involved.
Copies of the proposed contract or
agreement must be submitted for prior
approval of SJI at the earliest possible
time. The contract or agreement must
state, at a minimum, the activities to be
performed, the time schedule, the
policies and procedures to be followed,
the dollar limitation of the agreement,
and the cost principles to be followed in
determining what costs, both direct and
indirect, will be allowed. The contract
or other written agreement must not
affect the grantee’s overall responsibility
for the direction of the project and
accountability to SJI.
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State Justice Institute Board of
Directors
James R. Hannah, Chairman, Chief Justice,
Supreme Court of Arkansas, Little Rock,
AR.
Daniel J. Becker, Vice Chairman, State Court
Administrator, Utah Administrative Office
of the Courts, Salt Lake City, UT.
Gayle A. Nachtigal, Secretary, Judge,
Washington County Circuit Court,
Hillsboro, OR.
Hernan D. Vera, Treasurer, President & CEO,
Public Counsel Law Center, Los Angeles,
CA.
Robert A. Miller, Chief Justice (ret.), Supreme
Court of South Dakota, Pierre, SD.
Chase T. Rogers, Chief Justice, Supreme
Court of Connecticut, Hartford, CT.
David V. Brewer, Chief Judge, Oregon Court
of Appeals, Salem, OR.
Wilfredo Martinez, County Judge, 9th
Judicial Circuit of Florida, Orlando, FL.
Marsha J. Rabiteau, Executive Director, Legal
Policy Strategies Group, Bloomfield, CT.
John B. Nalbandian, Partner, Taft Stettinius
& Hollister LLP, Cincinnati, OH.
Isabel Framer, President, Language Access
Consultants LLC, Copley, OH.
Jonathan D. Mattiello, Executive Director (ex
officio).
Jonathan D. Mattiello,
Executive Director.
BILLING CODE P
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BILLING CODE C
STATE JUSTICE INSTITUTE
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INSTRUCTIONS FOR APPLICATION
FORM A
1. Legal name of applicant (court,
entity or individual); name of the
organizational unit, if any, that will
conduct the project; complete address
of the applicant, including phone and
fax numbers and website addresses; and
name, phone number, title, and e-mail
address of a contact person who can
provide further information about this
application.
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2. Type of Applicant:
a. State court includes all appellate,
general jurisdiction, limited
jurisdiction, and special jurisdiction
courts, as well as all offices that are
supervised by, or report for,
administrative purposes to the chief or
presiding justice or judge, or his or her
designee.
b. National organizations operating
in conjunction with a state court
include national non-profit
organizations controlled by, operating in
conjunction with, and serving state
courts.
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c. National state court support
organization include national non-profit
organizations with primary mission of
supporting, serving, or educating judges
and other personnel of the judicial
branch of state government.
d. College or university includes all
institutions of higher education.
e. Other non-profit organization or
agency includes those non-profit
organizations and private agencies not
included in sub-paragraphs (b)-(d).
f. Individual means a person not
applying in conjunction with or on
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behalf of an entity identified in one of
the other categories.
g. Corporation or partnership
includes for-profit and not-for-profit
entities not falling within one of the
other categories.
h. Other unit of government includes
any governmental agency, office, or
organization that is not a state or local
court.
3. The proposed start date of the
project should be the earliest feasible
date on which applicant will be able to
begin project activities following the
date of award (example: 08/01/2012).
4. Project duration refers to the
number of months the applicant
estimates will be needed to complete all
project tasks after the proposed start
date.
5. The applicant financial contact is
the court or organization employee that
will administer and account for any
funding awarded.
6. If this application, or an application
requesting support for the same project
or a similar project, has been previously
submitted to another funding source
(federal or private), enter the name of
the source, the date of submission, the
amount of funding sought, and the
disposition (if any) or current status.
7. Requested funding:
a. Insert the amount requested from
the State Justice Institute to conduct the
project.
b. The amount of match is the
amount, if any, to be contributed to the
project by the applicant, a unit of state
or local government, or private sources.
See 42 U.S.C. 10705(d).
Cash match refers to funds directly
contributed by the applicant, a unit of
State or local government, or private
sources to support the project.
Non-cash match refers to in-kind
contributions by the applicant, a unit of
State or local government or private
sources to support the project.
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c. Total match refers to the sum of the
cash and in-kind contributions to the
project.
d. Other cash refers to other funds
that may not serve as a match but can
be used for a project.
e. Total project cost represents the
sum of the amount requested from SJI
and all other contributions to the
project.
8. The title of the proposed project
should reflect the objectives of the
activities to be conducted.
9. Enter the name of the applicant’s
Congressional Representative and the
number of the applicant’s Congressional
district, along with the number of the
Congressional district(s) in which most
of the project activities will take place
and the name(s) of the Representative(s)
from those districts. If the project
activities are not site-specific (for
example, a series of training workshops
that will bring together participants
from around the state, the country, or
from a particular region), enter
statewide, national, or regional, as
appropriate, in the space provided.
10. Signature and title of a duly
authorized representative of the
applicant and the date the application
was signed. For applications from state
and local courts, Form B, Certificate of
State Approval, must be attached.
STATE JUSTICE INSTITUTE
Certificate of State Approval
The llllllllllllllll
Name of State Supreme Court or
Designated Agency or Council
has reviewed the application entitled l
llllllllllllllllll
l
prepared by llllllllllll
Name of Applicant
approves its submission to the State
Justice Institute, and
[ ] agrees to receive and administer and
be accountable for all funds awarded by
SJI pursuant to the application;
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[ ] herby requests consideration of a
reduction in cash match as requested by
the applicant (NOTE: only applicable to
Project Grant applications);
[ ] designates llllllllllll
Name of Trial or Appellate Court or
Agency
as the entity to receive, administer, and
be accountable for all funds awarded by
SJI pursuant to the application.
llllllllllllllllll
l
Signature
llllllllllllllllll
l
Date
llllllllllllllllll
l
Name
llllllllllllllllll
l
Title
Form B 09/09
INSTRUCTIONS
The State Justice Institute Act requires
that:
Each application for funding by a
state or local court shall be approved,
consistent with state law, by the state’s
supreme court, or its designated agency
or council, which shall receive,
administer, and be accountable for all
funds awarded by SJI to such courts (42
U.S.C. 10705(b)(4)).
FORM B should be signed by the chief
judge or chief justice of the state
supreme court, or by the director of the
designated agency or chair of the
designated council.
The term ‘‘state supreme court’’ refers
to the court of last resort of a state.
‘‘Designated agency or council’’ refers to
the office or judicial body which is
authorized under state law, or by
delegation from the state supreme court,
to approve applications for grant
funding and to receive, administer, and
be accountable for that funding.
Form B 09/09
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Application Budget Instructions
STATE JUSTICE INSTITUTE
ASSURANCES
If the proposed project period is for
more than 12 months, separate totals
should be submitted for each
succeeding twelve-month period or
portion thereof beyond 12 months.
However, a grand total project budget
must also be included for multi-year
projects. In addition to Form C,
applicants must provide a detailed
budget narrative that explains the basis
for the estimates in each budget
category. If the applicant is requesting
indirect costs and has an indirect cost
rate that has been approved by a federal
agency, the basis for that rate, together
with a copy of the letter or other official
document stating that it has been
approved, should be attached.
Recoverable indirect costs are limited to
no more than 75 percent of personnel
and fringe benefit costs. If matching
funds from other sources are being
sought, the source, current status of the
request, and anticipated decision date
must be provided.
The applicant hereby assures and
certifies that it possesses legal authority
to apply for the grant, and that if funds
are awarded by the State Justice
Institute pursuant to this application, it
will comply with all applicable
provisions of law and the regulations,
policies, guidelines and requirements of
SJI as they relate to the acceptance and
use of SJI funds pursuant to this
application. The applicant further
assures and certifies with respect to this
application, that:
1. No person will, on the basis of race,
sex, national origin, disability, color, or
creed be excluded from participation in,
denied the benefits of, or otherwise
subjected to discrimination under any
program or activity supported by SJI
funds, and that the applicant will
immediately take any measures
necessary to effectuate this assurance.
2. In accordance with 42 U.S.C.
10706(a), funds awarded to the
applicant by SJI will not be used,
directly or indirectly, to influence the
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62587
issuance, amendment, or revocation of
any executive order or similar
promulgation by federal, state or local
agencies, or to influence the passage or
defeat of any legislation or
constitutional amendment by any
federal, state or local legislative body.
3. In accordance with 42 U.S.C.
10706(a) and 10707(c):
a. It will not contribute or make
available SJI funds, project personnel, or
equipment to any political party or
association, to the campaign of any
candidate for public or party office, or
to influence the passage or defeat of any
ballot measure, initiative, or
referendum;
b. No officer or employee of the
applicant will intentionally identify SJI
or applicant with any partisan or
nonpartisan political activity or the
campaign of any candidate for public or
party office; and,
c. No officer or employee of the
applicant will engage in partisan
political activity while engaged in work
supported in whole or in part by the SJI.
4. In accordance with 42 U.S.C.
10706(b), no funds awarded by SJI will
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be used to support or conduct training
programs for the purpose of advocating
particular non-judicial public policies
or encouraging non-judicial political
activities.
5. In accordance with 42 U.S.C.
10706(d), no funds awarded by SJI will
be used to supplant state or local funds
supporting a program or activity; to
construct court facilities or structures,
except to remodel existing facilities or
to demonstrate new architectural or
technological techniques, or to provide
temporary facilities for new personnel
or for personnel involved in a
demonstration or experimental program;
or to solely purchase equipment for a
court system.
6. It will provide for an annual fiscal
audit of the project.
7. It will give SJI, through any
authorized representative, access to and
the right to examine all records, books,
papers, or documents related to the
award.
8. In accordance with 42 U.S.C.
10708(b) (as amended), research or
statistical information that is furnished
during the course of the project and that
is identifiable to any specific individual,
shall not be used or revealed for any
purpose other than the purpose for
which it was obtained. Such
information and copies thereof shall be
immune from legal process, and shall
not be offered as evidence or used for
any purpose in any action suit, or other
judicial, legislative, or administrative
proceeding without the consent of the
person who furnished the information.
9. All research involving human
subjects will be conducted with the
informed consent of those subjects and
in a manner that will ensure their
privacy and freedom from risk or harm
and the protection of persons who are
not subjects of the research but would
be affected by it, unless such procedures
and safeguards would make the research
impractical. In such instances, SJI must
approve procedures designed by the
grantee to provide human subjects with
relevant information about the research
after their involvement and to minimize
or eliminate risk or harm to those
subjects due to their participation.
10. All products prepared as the result
of the project will be originallydeveloped material unless otherwise
specifically provided for in the award
documents, and that material not
originally developed that is included in
such projects must be properly
identified, whether the material is in a
verbatim or extensive paraphrase
format.
11. No funds will be obligated for
publication or reproduction of a final
product developed with Institute funds
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without the written approval of SJI. The
recipient will submit a final draft of
each such product to SJI for review and
approval prior to submitting that
product for publication or reproduction.
12. The following statement will be
prominently displayed on all products
prepared as a result of the project: ‘‘This
[document, website, film, videotape,
etc.] was developed under a [grant,
cooperative agreement, contract] from
the State Justice Institute. Points of view
expressed herein are those of the
[author(s), filmmaker(s), etc.] and do not
necessarily represent the official
position or policies of the State Justice
Institute.’’
13. The ‘‘SJI’’ logo will appear on the
front cover of a written product or in the
opening frames of a video production
produced with SJI funds, unless another
placement is approved in writing by SJI.
14. Except as otherwise provided in
the terms and conditions of a SJI award,
the recipient is free to copyright any
books, publications, or other
copyrightable materials developed in
the course of a SJI-supported project,
but SJI shall reserve a royalty-free, nonexclusive and irrevocable right to
reproduce, publish, or otherwise use,
and to authorize others to use, the
materials for purposes consistent with
the State Justice Institute Act.
15. It will submit quarterly progress
and financial reports within 30 days of
the close of each calendar quarter
during the funding period (that is, no
later than January 30, April 30, July 30,
and October 30); that progress reports
will include a narrative description of
the project activities during the calendar
quarter, the relationship between those
activities and the task schedule and
objectives set forth in the approved
application or an approved adjustment
thereto, any significant problem areas
that have developed and how they will
be resolved, and the activities scheduled
during the next reporting period; and
that financial reports will contain the
information required.
16. At the conclusion of the project,
title to all expendable and nonexpendable personal property
purchased with SJI funds shall vest in
the court, organization, or individual
that purchased the property if
certification is made to SJI that the
property will continue to be used for the
authorized purposes of a SJI-funded
project or other purposes consistent
with the State Justice Institute Act, as
approved by SJI. If such certification is
not made or SJI disapproves such
certification, title to all such property
with an aggregate or individual value of
$1,000 or more shall vest in SJI, which
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will direct the disposition of the
property.
17. The person signing the application
is authorized to do so on behalf of the
applicant, and to obligate the applicant
to comply with the assurances
enumerated above.
Form D 10/08
DISCLOSURE OF LOBBYING
ACTIVITIES
The State Justice Institute Act
prohibits grantees from using funds
awarded by SJI to directly or indirectly
influence the passage or defeat of any
legislation by federal, state of local
legislative bodies (42 U.S.C. 10706(a)). It
also is the policy of SJI to award funds
only to support applications submitted
by organizations that would carry out
the objectives of their applications in an
unbiased manner.
Consistent with this policy and the
provisions of 42 U.S.C. 10706(a), SJI will
not knowingly award a grant to an
applicant that has, directly or through
an entity that is part of the same
organization as the applicant,
advocated a position before Congress on
the specific subject matter of the
application. As a means of
implementing that prohibition, SJI
requires organizations submitting
applications to SJI to disclose whether
they, or another entity that is part of the
same organization as the applicant,
have advocated a position before
Congress on any issue, and to identify
the specific subjects of their lobbying
efforts. This form must be submitted
with your application.
Name of Applicant: lllllllll
Title of Application:
llllllll
b Yes b No Has the applicant (or an
entity that is part of the same
organization as the applicant)
directly or indirectly advocated a
position before Congress on any
issue within the past five years?
SPECIFIC SUBJECTS OF LOBBYING
EFFORTS
If you answered YES above, please list
the specific subjects on which your
organization (or another entity that is
part of your organization) has directly or
indirectly advocated a position before
Congress within the past five years. If
necessary, you may continue on the
back of this form or on an attached
sheet.
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llllllllllllllllll
l
Name
I declare under penalty of perjury that
llllllllllllllllll
l
the information contained in this
disclosure statement is correct and that
Title
I am authorized to make this verification llllllllllllllllll
l
on behalf of the applicant.
Date
Form E 10/07
llllllllllllllllll
l
Signature
BILLING CODE P
STATEMENT OF VERIFICATION
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62591
[FR Doc. 2011–25893 Filed 10–6–11; 8:45 am]
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BILLING CODE C
Agencies
[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62568-62591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25893]
[[Page 62567]]
Vol. 76
Friday,
No. 195
October 7, 2011
Part III
State Justice Institute
-----------------------------------------------------------------------
Grant Guideline for FY 2012; Notice
Federal Register / Vol. 76 , No. 195 / Friday, October 7, 2011 /
Notices
[[Page 62568]]
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STATE JUSTICE INSTITUTE
Grant Guideline for FY 2012
AGENCY: State Justice Institute.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Guideline sets forth the administrative, programmatic,
and financial requirements attendant to Fiscal Year 2012 State Justice
Institute grants, cooperative agreements, and contracts.
DATES: October 7, 2011.
FOR FURTHER INFORMATION CONTACT: Jonathan Mattiello, Executive
Director, State Justice Institute, 11951 Freedom Drive, Suite 1020,
Reston, VA 22314, 571-313-8843, jonathan.mattiello@sji.gov.
SUPPLEMENTARY INFORMATION: Pursuant to the State Justice Institute Act
of 1984, 42 U.S.C. 10701, et seq., as amended, SJI is authorized to
award grants, cooperative agreements, and contracts to State and local
courts, nonprofit organizations, and others for the purpose of
improving the quality of justice in the State courts of the United
States.
The following Grant Guideline is adopted by the State Justice
Institute for FY 2012.
Table of Contents
I. The Mission of the State Justice Institute
II. Eligibility for Award
III. Scope of the Program
IV. Grant Applications
V. Grant Application Review Procedures
VI. Compliance Requirements
VII. Financial Requirements
VIII. Grant Adjustments
Appendix A Grant Application Forms
[cir] Form A--Application and Application Instructions
[cir] Form B--Certificate of State Approval and Instructions
[cir] Form C--Project Budget and Instructions
[cir] Form D--Assurances
[cir] Disclosure of Lobbying Activities
[cir] Form E--Disclosure of Lobbying Activities
Appendix B Education Support Program (ESP) Application
Forms (Forms ESP-1 and ESP-2)
I. The Mission of the State Justice Institute
SJI was established by State Justice Institute Authorization Act of
1984 (42 U.S.C. 10701 et seq.) to improve the administration of justice
in the state courts of the United States. Incorporated in the State of
Virginia as a private, nonprofit corporation, SJI is charged, by
statute, with the responsibility to:
Direct a national program of financial assistance designed
to assure that each citizen of the United States is provided ready
access to a fair and effective system of justice;
Foster coordination and cooperation with the federal
judiciary;
Promote recognition of the importance of the separation of
powers doctrine to an independent judiciary; and
Encourage education for judges and support personnel of
state court systems through national and state organizations.
To accomplish these broad objectives, SJI is authorized to provide
funding to state courts, national organizations which support and are
supported by state courts, national judicial education organizations,
and other organizations that can assist in improving the quality of
justice in the state courts. SJI is supervised by a Board of Directors
appointed by the President, with the advice and consent of the Senate.
The Board is statutorily composed of six judges; a state court
administrator; and four members of the public, no more than two can be
of the same political party.
Through the award of grants, contracts, and cooperative agreements,
SJI is authorized to perform the following activities:
A. Support technical assistance, demonstrations, special projects,
research and training to improve the administration of justice in the
state courts;
B. Provide for the preparation, publication, and dissemination of
information regarding state judicial systems;
C. Participate in joint projects with federal agencies and other
private grantors;
D. Evaluate or provide for the evaluation of programs and projects
to determine their impact upon the quality of criminal, civil, and
juvenile justice and the extent to which they have contributed to
improving the quality of justice in the state courts;
E. Encourage and assist in furthering judicial education; and
F. Encourage, assist, and serve in a consulting capacity to state
and local justice system agencies in the development, maintenance, and
coordination of criminal, civil, and juvenile justice programs and
services.
II. Eligibility for Award
SJI is authorized by Congress to award grants, cooperative
agreements, and contracts to the following entities and types of
organizations:
A. State and local courts and their agencies (42 U.S.C.
10705(b)(1)(A)).
B. National nonprofit organizations controlled by, operating in
conjunction with, and serving the judicial branches of state
governments (42 U.S.C. 10705(b)(1)(B)).
C. National nonprofit organizations for the education and training
of judges and support personnel of the judicial branch of state
governments (42 U.S.C. 10705(b)(1)(C)). An applicant is considered a
national education and training applicant under section 10705(b)(1)(C)
if:
1. The principal purpose or activity of the applicant is to provide
education and training to state and local judges and court personnel;
and
2. The applicant demonstrates a record of substantial experience in
the field of judicial education and training.
D. Other eligible grant recipients (42 U.S.C. 10705(b)(2)(A)-(D)).
1. Provided that the objectives of the project can be served
better, the Institute is also authorized to make awards to:
a. Nonprofit organizations with expertise in judicial
administration;
b. Institutions of higher education;
c. Individuals, partnerships, firms, corporations (for-profit
organizations must waive their fees); and
d. Private agencies with expertise in judicial administration.
2. SJI may also make awards to state or local agencies and
institutions other than courts for services that cannot be adequately
provided through nongovernmental arrangements (42 U.S.C. 10705(b)(3)).
E. Inter-agency Agreements. SJI may enter into inter-agency
agreements with federal agencies (42 U.S.C. 10705(b)(4)) and private
funders to support projects consistent with the purposes of the State
Justice Institute Act.
III. Scope of the Program
SJI is offering six types of grants in FY 2012: Project Grants,
Technical Assistance (TA) Grants, Curriculum Adaptation and Training
(CAT) Grants, Partner Grants, Strategic Initiative Grants and the
Education Support Program (ESP).
A. Project Grants
Project Grants are intended to support innovative education and
training, research and evaluation, demonstration, and technical
assistance projects that can improve the administration of justice in
state courts locally or nationwide. Project Grants may ordinarily not
exceed $300,000. Examples of expenses not covered by Project Grants
include the salaries, benefits, or travel of full- or part-time court
employees. Grant periods for Project Grants ordinarily may not exceed
36 months.
Applicants for Project Grants will be required to contribute a cash
match of
[[Page 62569]]
not less than 50 percent of the total cost of the proposed project. In
other words, grant awards by SJI must be matched at least dollar for
dollar by grant applicants. Applicants may contribute the required cash
match directly or in cooperation with third parties. Prospective
applicants should carefully review Section VI.8. (matching
requirements) and Section VI.16.a. (non-supplantation) of the Guideline
prior to beginning the application process. If questions arise,
applicants are strongly encouraged to consult SJI.
A temporary reduced cash match process is available for state
courts submitting Project Grant applications. The use of this cash
match reduction authority is intended to help the state courts in this
climate of severe budget reductions. The process requires the state
court to formally request a reduced cash match, and that the request be
certified by the chief justice of that state. The state court must
explain in detail how it is facing budgetary cutbacks that will result
in significant reductions in other services, and why it will be unable
to undertake the project without a cash match reduction. This must be
described in detail in the application and verified by the chief
justice of that state. Only state courts may apply for a cash match
reduction.
Applicants should examine their projected project costs closely,
and if they are unable to cover half the costs of the project, they may
apply for a reduction in cash match. Applicants are strongly encouraged
to provide as much cash match as possible in their application, as some
cash match contribution is still required.
Applicants are also encouraged to provide the percentage of budget
reductions in their court(s), and the measures that have been taken by
the jurisdiction/state to handle the budget shortfalls. This may
include staff reductions, as well as reductions in services and
programs. Some cash contribution is still required for Project Grants,
and should be reflected in the budget proposal for the project. For
example, if the total cost of the proposed project is $100,000, the
normal cash match would be $50,000. However, if the applicant is unable
to provide $50,000 for the activities, but is able to contribute
$25,000, the budget should show the request to SJI totaling $75,000,
with the cash match of $25,000.
As set forth in Section I., SJI is authorized to fund projects
addressing a broad range of program areas. Funding will not be made
available for the ordinary, routine operations of court systems.
B. Technical Assistance (TA) Grants
TA Grants are intended to provide state or local courts, or
regional court associations, with sufficient support to obtain expert
assistance to diagnose a problem, develop a response to that problem,
and implement any needed changes. TA Grants may not exceed $50,000.
Examples of expenses not covered by TA Grants include the salaries,
benefits, or travel of full- or part-time court employees. Grant
periods for TA Grants ordinarily may not exceed 24 months. In
calculating project duration, applicants are cautioned to fully
consider the time required to issue a request for proposals, negotiate
a contract with the selected provider, and execute the project.
Applicants for TA Grants will be required to contribute a total
match of not less than 50 percent of the grant amount requested, of
which 20 percent must be cash. In other words, an applicant seeking a
$50,000 TA grant must provide a $25,000 match, of which up to $20,000
can be in-kind and not less than $5,000 must be cash. TA Grant
application procedures can be found in section IV.B.
C. Curriculum Adaptation and Training (CAT) Grants
CAT Grants are intended to: (1) Enable courts and regional or
national court associations to modify and adapt model curricula, course
modules, or conference programs to meet states' or local jurisdictions'
educational needs; train instructors to present portions or all of the
curricula; and pilot-test them to determine their appropriateness,
quality, and effectiveness, or (2) conduct judicial branch education
and training programs, led by either expert or in-house personnel,
designed to prepare judges and court personnel for innovations,
reforms, and/or new technologies recently adopted by grantee courts.
CAT Grants may not exceed $30,000. Examples of expenses not covered by
CAT Grants include the salaries, benefits, or travel of full- or part-
time court employees. Grant periods for CAT Grants ordinarily may not
exceed 12 months.
Applicants for CAT Grants will be required to contribute a match of
not less than 50 percent of the grant amount requested, of which 20
percent must be cash. In other words, an applicant seeking a $30,000
CAT grant must provide a $15,000 match, of which up to $12,000 can be
in-kind and not less than $3,000 must be cash. CAT Grant application
procedures can be found in section IV.C.
D. Partner Grants
Partner Grants are intended to allow SJI and federal, state, or
local agencies or foundations, trusts, or other private entities to
combine financial resources in pursuit of common interests. SJI and its
financial partners may set any level for Partner Grants, subject to the
entire amount of the grant being available at the time of the award.
Grant periods for Partner Grants ordinarily may not exceed 36 months.
Partner Grants are subject to the same cash match requirement as
Project Grants. In other words, grant awards by SJI must be matched at
least dollar-for-dollar. Partner Grants are coordinated by the funding
organizations. Partner Grant application procedures can be found in
section IV.E.
E. Strategic Initiatives Grants
The Strategic Initiatives Grants (SIG) program provides SJI with
the flexibility to address national court issues as they occur, and
develop solutions to those problems. This is an innovative approach
where SJI uses its expertise and the expertise and knowledge of its
grantees to address key issues facing state courts across the United
States.
The funding is used for grants or contractual services, and any
remaining balance not used for the SIG program will become available
for SJI's other grant programs. The program is handled at the
discretion of the SJI Board of Directors and staff outside the normal
grant application process (i.e., SJI will initiate the project) and
there is no cash match requirement.
F. Education Support Program (ESP) for Judges and Court Managers
The new Education Support Program (ESP), formally the Scholarship
Program, is intended to enhance the skills, knowledge, and abilities of
state court judges and court managers by enabling them to attend out-
of-state, or to enroll in online, educational and training programs
sponsored by national and state providers that they could not otherwise
attend or take online because of limited state, local, and personal
budgets. An ESP award only covers the cost of tuition up to a maximum
of $1,000 per award. ESP application procedures can be found in section
IV.D.
IV. Grant Applications
A. Project Grants
An application for a Project Grant must include an application
form; budget forms (with appropriate documentation); a project abstract
and program narrative; a disclosure of
[[Page 62570]]
lobbying form, when applicable; and certain certifications and
assurances (see below). See Appendix B for the Project Grant
application forms.
1. Forms
a. Application Form (Form A)
The application form requests basic information regarding the
proposed project, the applicant, and the total amount of funding
requested from SJI. It also requires the signature of an individual
authorized to certify on behalf of the applicant that the information
contained in the application is true and complete; that submission of
the application has been authorized by the applicant; and that if
funding for the proposed project is approved, the applicant will comply
with the requirements and conditions of the award, including the
assurances set forth in Form D.
b. Certificate of State Approval (Form B)
An application from a state or local court must include a copy of
Form B signed by the state's chief justice or state court
administrator. The signature denotes that the proposed project has been
approved by the state's highest court or the agency or council it has
designated. It denotes further that, if applicable, a cash match
reduction has been requested, and that if SJI approves funding for the
project, the court or the specified designee will receive, administer,
and be accountable for the awarded funds.
c. Budget Form (Form C)
Applicants must submit a Form C. In addition, applicants must
provide a detailed budget narrative providing an explanation of the
basis for the estimates in each budget category (see subsection A.4.
below).
If funds from other sources are required to conduct the project,
either as match or to support other aspects of the project, the source,
current status of the request, and anticipated decision date must be
provided.
d. Assurances (Form D)
This form lists the statutory, regulatory, and policy requirements
with which recipients of Institute funds must comply.
e. Disclosure of Lobbying Activities
Applicants other than units of state or local government are
required to disclose whether they, or another entity that is part of
the same organization as the applicant, have advocated a position
before Congress on any issue, and to identify the specific subjects of
their lobbying efforts (see section VI.A.7.).
2. Project Abstract
The abstract should highlight the purposes, goals, methods, and
anticipated benefits of the proposed project. It should not exceed 1
single-spaced page on 8\1/2\ by 11 inch paper.
3. Program Narrative
The program narrative for an application may not exceed 25 double-
spaced pages on 8\1/2\ by 11 inch paper. Margins must be at least 1
inch, and type size must be at least 12-point and 12 cpi. The pages
should be numbered. This page limit does not include the forms, the
abstract, the budget narrative, and any appendices containing resumes
and letters of cooperation or endorsement. Additional background
material should be attached only if it is essential to impart a clear
understanding of the proposed project. Numerous and lengthy appendices
are strongly discouraged.
The program narrative should address the following topics:
a. Project Objectives
The applicant should include a clear, concise statement of what the
proposed project is intended to accomplish. In stating the objectives
of the project, applicants should focus on the overall programmatic
objective (e.g., to enhance understanding and skills regarding a
specific subject, or to determine how a certain procedure affects the
court and litigants) rather than on operational objectives (e.g.,
provide training for 32 judges and court managers, or review data from
300 cases).
b. Need for the Project
If the project is to be conducted in any specific location(s), the
applicant should discuss the particular needs of the project site(s) to
be addressed by the project and why those needs are not being met
through the use of existing programs, procedures, services, or other
resources.
If the project is not site-specific, the applicant should discuss
the problems that the proposed project would address, and why existing
programs, procedures, services, or other resources cannot adequately
resolve those problems. The discussion should include specific
references to the relevant literature and to the experience in the
field.
c. Tasks, Methods and Evaluations
(1) Tasks and Methods. The applicant should delineate the tasks to
be performed in achieving the project objectives and the methods to be
used for accomplishing each task. For example:
(a) For research and evaluation projects, the applicant should
include the data sources, data collection strategies, variables to be
examined, and analytic procedures to be used for conducting the
research or evaluation and ensuring the validity and general
applicability of the results. For projects involving human subjects,
the discussion of methods should address the procedures for obtaining
respondents' informed consent, ensuring the respondents' privacy and
freedom from risk or harm, and protecting others who are not the
subjects of research but would be affected by the research. If the
potential exists for risk or harm to human subjects, a discussion
should be included that explains the value of the proposed research and
the methods to be used to minimize or eliminate such risk.
(b) For education and training projects, the applicant should
include the adult education techniques to be used in designing and
presenting the program, including the teaching/learning objectives of
the educational design, the teaching methods to be used, and the
opportunities for structured interaction among the participants; how
faculty would be recruited, selected, and trained; the proposed number
and length of the conferences, courses, seminars, or workshops to be
conducted and the estimated number of persons who would attend them;
the materials to be provided and how they would be developed; and the
cost to participants.
(c) For demonstration projects, the applicant should include the
demonstration sites and the reasons they were selected, or if the sites
have not been chosen, how they would be identified and their
cooperation obtained; and how the program or procedures would be
implemented and monitored.
(d) For technical assistance projects, the applicant should explain
the types of assistance that would be provided; the particular issues
and problems for which assistance would be provided; the type of
assistance determined; how suitable providers would be selected and
briefed; and how reports would be reviewed.
(2) Evaluation. Projects should include an evaluation plan to
determine whether the project met its objectives. The evaluation should
be designed to provide an objective and independent assessment of the
effectiveness or usefulness of the training or services provided; the
impact of the procedures, technology, or services tested; or the
validity and applicability of the research conducted. The evaluation
plan should
[[Page 62571]]
be appropriate to the type of project proposed.
d. Project Management
The applicant should present a detailed management plan, including
the starting and completion date for each task; the time commitments to
the project of key staff and their responsibilities regarding each
project task; and the procedures that would ensure that all tasks are
performed on time, within budget, and at the highest level of quality.
In preparing the project time line, Gantt Chart, or schedule,
applicants should make certain that all project activities, including
publication or reproduction of project products and their initial
dissemination, would occur within the proposed project period. The
management plan must also provide for the submission of Quarterly
Progress and Financial Reports within 30 days after the close of each
calendar quarter (i.e., no later than January 30, April 30, July 30,
and October 30), per section VI.A.13.
Applicants should be aware that SJI is unlikely to approve a
limited extension of the grant period without strong justification.
Therefore, the management plan should be as realistic as possible and
fully reflect the time commitments of the proposed project staff and
consultants.
e. Products
The program narrative in the application should contain a
description of the product(s) to be developed (e.g., training curricula
and materials, Web sites or other electronic multimedia, articles,
guidelines, manuals, reports, handbooks, benchbooks, or books),
including when they would be submitted to SJI. The budget should
include the cost of producing and disseminating the product to the
state chief justice, state court administrator, and other appropriate
judges or court personnel. If final products involve electronic
formats, the applicant should indicate how the product would be made
available to other courts. Discussion of this dissemination process
should occur between the grantee and SJI prior to the final selection
of the dissemination process to be used.
(1) Dissemination Plan. The application must explain how and to
whom the products would be disseminated; describe how they would
benefit the state courts, including how they could be used by judges
and court personnel; identify development, production, and
dissemination costs covered by the project budget; and present the
basis on which products and services developed or provided under the
grant would be offered to the court community and the public at large
(i.e., whether products would be distributed at no cost to recipients,
or if costs are involved, the reason for charging recipients and the
estimated price of the product) (see section VI.A.11.b.). Ordinarily,
applicants should schedule all product preparation and distribution
activities within the project period.
Applicants proposing to develop Web-based products should provide
for sending a notice and description of the document to the appropriate
audiences to alert them to the availability of the Web site or
electronic product (i.e., a written report with a reference to the Web
site).
Three (3) copies of all project products should be submitted to
SJI, along with an electronic version in HTML or PDF format.
Discussions of final product dissemination should be conducted with SJI
prior to the end of the grant period.
(2) Types of Products. The type of product to be prepared depends
on the nature of the project. For example, in most instances, the
products of a research, evaluation, or demonstration project should
include an article summarizing the project findings that is publishable
in a journal serving the courts community nationally, an executive
summary that would be disseminated to the project's primary audience,
or both. Applicants proposing to conduct empirical research or
evaluation projects with national import should describe how they would
make their data available for secondary analysis after the grant period
(see section VI.A.14.a.).
The curricula and other products developed through education and
training projects should be designed for use by others and again by the
original participants in the course of their duties.
(3) SJI Review. Applicants must submit a final draft of all written
grant products to SJI for review and approval at least 30 days before
the products are submitted for publication or reproduction. For
products in Web site or multimedia format, applicants must provide for
SJI review of the product at the treatment, script, rough-cut, and
final stages of development, or their equivalents. No grant funds may
be obligated for publication or reproduction of a final grant product
without the written approval of SJI (see section VI.A.11.f.).
(4) Acknowledgment, Disclaimer, and Logo. Applicants must also
include in all project products a prominent acknowledgment that support
was received from SJI and a disclaimer paragraph based on the example
provided in section VI.A.11.a.2. in the Grant Guideline. The ``SJI''
logo must appear on the front cover of a written product, or in the
opening frames of a Web site or other multimedia product, unless SJI
approves another placement. The SJI logo can be downloaded from SJI's
Web site: https://www.sji.gov.
f. Applicant Status
An applicant that is not a state or local court and has not
received a grant from SJI within the past three years should indicate
whether it is either a national non-profit organization controlled by,
operating in conjunction with, and serving the judicial branches of
state governments, or a national non-profit organization for the
education and training of state court judges and support personnel (see
section II). If the applicant is a non-judicial unit of federal, state,
or local government, it must explain whether the proposed services
could be adequately provided by non-governmental entities.
g. Staff Capability
The applicant should include a summary of the training and
experience of the key staff members and consultants that qualify them
for conducting and managing the proposed project. Resumes of identified
staff should be attached to the application. If one or more key staff
members and consultants are not known at the time of the application, a
description of the criteria that would be used to select persons for
these positions should be included. The applicant also should identify
the person who would be responsible for managing and reporting on the
financial aspects of the proposed project.
h. Organizational Capacity
Applicants that have not received a grant from SJI within the past
three years should include a statement describing their capacity to
administer grant funds, including the financial systems used to monitor
project expenditures (and income, if any), and a summary of their past
experience in administering grants, as well as any resources or
capabilities that they have that would particularly assist in the
successful completion of the project.
Unless requested otherwise, an applicant that has received a grant
from SJI within the past three years should describe only the changes
in its organizational capacity, tax status, or financial capability
that may affect its capacity to administer a grant.
If the applicant is a non-profit organization (other than a
university), it
[[Page 62572]]
must also provide documentation of its 501(c) tax-exempt status as
determined by the Internal Revenue Service and a copy of a current
certified audit report. For purposes of this requirement, ``current''
means no earlier than two years prior to the present calendar year.
If a current audit report is not available, SJI will require the
organization to complete a financial capability questionnaire, which
must be signed by a certified public accountant. Other applicants may
be required to provide a current audit report, a financial capability
questionnaire, or both, if specifically requested to do so by the
Institute.
i. Statement of Lobbying Activities
Non-governmental applicants must submit SJI's Disclosure of
Lobbying Activities Form, which documents whether they, or another
entity that is a part of the same organization as the applicant, have
advocated a position before Congress on any issue, and identifies the
specific subjects of their lobbying efforts (see Appendix A).
j. Letters of Cooperation or Support
If the cooperation of courts, organizations, agencies, or
individuals other than the applicant is required to conduct the
project, the applicant should attach written assurances of cooperation
and availability to the application, or send them under separate cover.
Letters of general support for a project are also encouraged.
4. Budget Narrative
In addition to Project Grant applications, the following section
also applies to Technical Assistance and Curriculum Adaptation and
Training grant applications.
The budget narrative should provide the basis for the computation
of all project-related costs. When the proposed project would be
partially supported by grants from other funding sources, applicants
should make clear what costs would be covered by those other grants.
Additional background information or schedules may be attached if they
are essential to obtaining a clear understanding of the proposed
budget. Numerous and lengthy appendices are strongly discouraged.
The budget narrative should cover the costs of all components of
the project and clearly identify costs attributable to the project
evaluation. Under OMB grant guidelines incorporated by reference in
this Grant Guideline, grant funds may not be used to purchase alcoholic
beverages.
a. Justification of Personnel Compensation
The applicant should set forth the percentages of time to be
devoted by the individuals who would staff the proposed project, the
annual salary of each of those persons, and the number of work days per
year used for calculating the percentages of time or daily rates of
those individuals. The applicant should explain any deviations from
current rates or established written organizational policies. No grant
funds or cash match may be used to pay the salary and related costs for
a current or new employee of a court or other unit of government
because such funds would constitute a supplantation of state or local
funds in violation of 42 U.S.C. 10706(d)(1); this includes new
employees hired specifically for the project. The salary and any
related costs for a current or new employee of a court or other unit of
government may only be accepted as in-kind match.
b. Fringe Benefit Computation
For non-governmental entities, the applicant should provide a
description of the fringe benefits provided to employees. If
percentages are used, the authority for such use should be presented,
as well as a description of the elements included in the determination
of the percentage rate.
c. Consultant/Contractual Services and Honoraria
The applicant should describe the tasks each consultant would
perform, the estimated total amount to be paid to each consultant, the
basis for compensation rates (e.g., the number of days multiplied by
the daily consultant rates), and the method for selection. Rates for
consultant services must be set in accordance with section VII.I.2.c.
Prior written SJI approval is required for any consultant rate in
excess of $800 per day; SJI funds may not be used to pay a consultant
more than $1,100 per day. Honorarium payments must be justified in the
same manner as consultant payments.
d. Travel
Transportation costs and per diem rates must comply with the
policies of the applicant organization. If the applicant does not have
an established travel policy, then travel rates must be consistent with
those established by the Federal government. The budget narrative
should include an explanation of the rate used, including the
components of the per diem rate and the basis for the estimated
transportation expenses. The purpose of the travel should also be
included in the narrative.
e. Equipment
Grant funds may be used to purchase only the equipment necessary to
demonstrate a new technological application in a court or that is
otherwise essential to accomplishing the objectives of the project. In
other words, grant funds cannot be used strictly for the purpose of
purchasing equipment. Equipment purchases to support basic court
operations ordinarily will not be approved. The applicant should
describe the equipment to be purchased or leased and explain why the
acquisition of that equipment is essential to accomplish the project's
goals and objectives. The narrative should clearly identify which
equipment is to be leased and which is to be purchased. The method of
procurement should also be described. Purchases of automated data
processing equipment must comply with section VII.I.2.b.
f. Supplies
The applicant should provide a general description of the supplies
necessary to accomplish the goals and objectives of the grant. In
addition, the applicant should provide the basis for the amount
requested for this expenditure category.
g. Construction
Construction expenses are prohibited except for the limited
purposes set forth in section VI.A.16.b. Any allowable construction or
renovation expense should be described in detail in the budget
narrative.
h. Telephone
Applicants should include anticipated telephone charges,
distinguishing between monthly charges and long distance charges in the
budget narrative. Also, applicants should provide the basis used to
calculate the monthly and long distance estimates.
i. Postage
Anticipated postage costs for project-related mailings, including
distribution of the final product(s), should be described in the budget
narrative. The cost of special mailings, such as for a survey or for
announcing a workshop, should be distinguished from routine operational
mailing costs. The bases for all postage estimates should be included
in the budget narrative.
j. Printing/Photocopying
Anticipated costs for printing or photocopying project documents,
reports, and publications should be included in the budget narrative,
along
[[Page 62573]]
with the bases used to calculate these estimates.
k. Indirect Costs
Indirect costs are only applicable to organizations that are not
state courts or government agencies. Recoverable indirect costs are
limited to no more than 75 percent of a grantee's direct personnel
costs, i.e. salaries plus fringe benefits (see section VII.I.4.).
Applicants should describe the indirect cost rates applicable to
the grant in detail. If costs often included within an indirect cost
rate are charged directly (e.g., a percentage of the time of senior
managers to supervise project activities), the applicant should specify
that these costs are not included within its approved indirect cost
rate. These rates must be established in accordance with section
VII.I.4. If the applicant has an indirect cost rate or allocation plan
approved by any federal granting agency, a copy of the approved rate
agreement must be attached to the application.
5. Submission Requirements
a. Every applicant must submit an original and three copies of the
application package consisting of Form A; Form B, if the application is
from a state or local court, or a Disclosure of Lobbying Form (Form E),
if the applicant is not a unit of state or local government; Form C;
the Application Abstract; the Program Narrative; the Budget Narrative;
and any necessary appendices.
Letters of application may be submitted at any time. However,
applicants are encouraged to review the grant deadlines available on
the SJI Web site. Receipt of each application will be acknowledged by
letter or e-mail.
b. Applicants submitting more than one application may include
material that would be identical in each application in a cover letter.
This material will be incorporated by reference into each application
and counted against the 25-page limit for the program narrative. A copy
of the cover letter should be attached to each copy of the application.
B. Technical Assistance (TA) Grants
1. Application Procedures
Applicants for TA Grants may submit an original and three copies of
a detailed letter describing the proposed project, as well as a Form A,
``State Justice Institute Application'' (see Appendix B) and Form B,
Certificate of State Approval from the State Supreme Court, or its
designated agency and Form C, ``Project Budget in Tabular Format.''
Letters from regional court associations must be signed by the
president of the association.
2. Application Format
Although there is no prescribed form for the letter, or a minimum
or maximum page limit, letters of application should include the
following information:
a. Need for Funding. What is the critical need facing the
applicant? How would the proposed technical assistance help the
applicant meet this critical need? Why are state or local resources not
sufficient to fully support the costs of the required consultant
services?
b. Project Description. What tasks would the consultant be expected
to perform, and how would they be accomplished? Which organization or
individual would be hired to provide the assistance, and how was this
consultant selected? If a consultant has not yet been identified, what
procedures and criteria would be used to select the consultant
(applicants are expected to follow their jurisdictions' normal
procedures for procuring consultant services)? What specific tasks
would the consultant(s) and court staff undertake? What is the schedule
for completion of each required task and the entire project? How would
the applicant oversee the project and provide guidance to the
consultant, and who at the court or regional court association would be
responsible for coordinating all project tasks and submitting quarterly
progress and financial status reports?
If the consultant has been identified, the applicant should provide
a letter from that individual or organization documenting interest in
and availability for the project, as well as the consultant's ability
to complete the assignment within the proposed time frame and for the
proposed cost. The consultant must agree to submit a detailed written
report to the court and SJI upon completion of the technical
assistance.
c. Likelihood of Implementation. What steps have been or would be
taken to facilitate implementation of the consultant's recommendations
upon completion of the technical assistance? For example, if the
support or cooperation of specific court officials or committees, other
agencies, funding bodies, organizations, or a court other than the
applicant would be needed to adopt the changes recommended by the
consultant and approved by the court, how would they be involved in the
review of the recommendations and development of the implementation
plan?
3. Budget and Matching State Contribution
Applicants must follow the same guidelines provided under Section
IV.A.4. A completed Form C ``Project Budget, Tabular Format'' and
budget narrative must be included with the letter requesting technical
assistance.
The budget narrative should provide the basis for all project-
related costs, including the basis for determining the estimated
consultant costs, if compensation of the consultant is required (e.g.,
the number of days per task times the requested daily consultant rate).
Applicants should be aware that consultant rates above $800 per day
must be approved in advance by SJI, and that no consultant will be paid
more than $1,100 per day from SJI funds. In addition, the budget should
provide for submission of two copies of the consultant's final report
to the SJI.
Recipients of TA Grants do not have to submit an audit report but
must maintain appropriate documentation to support expenditures (see
section VI.A.3.).
4. Submission Requirements
Letters of application should be submitted according to the grant
deadlines provided on the SJI Web site.
If the support or cooperation of agencies, funding bodies,
organizations, or courts other than the applicant would be needed in
order for the consultant to perform the required tasks, written
assurances of such support or cooperation should accompany the
application letter. Letters of general support for the project are also
encouraged. Support letters also may be submitted under separate cover;
however, to ensure that there is sufficient time to bring them to the
attention of the Institute's Board of Directors, letters sent under
separate cover should be received by the same date as the technical
assistance request being supported.
C. Curriculum Adaptation and Training (CAT) Grants
1. Application Procedures
In lieu of formal applications, applicants should submit an
original and three photocopies of a detailed letter as well as a Form
A, ``State Justice Institute Application;'' Form B, ``Certificate of
State Approval;'' and Form C, ``Project Budget, Tabular Format'' (see
Appendices).
2. Application Format
Although there is no prescribed format for the letter, or a minimum
or maximum page limit, letters of
[[Page 62574]]
application should include the following information.
a. For adaptation of a curriculum:
(1) Project Description. What is the title of the model curriculum
to be adapted and who originally developed it? Why is this education
program needed at the present time? What are the project's goals? What
are the learning objectives of the adapted curriculum? What program
components would be implemented, and what types of modifications, if
any, are anticipated in length, format, learning objectives, teaching
methods, or content? Who would be responsible for adapting the model
curriculum? Who would the participants be, how many would there be, how
would they be recruited, and from where would they come (e.g., from a
single local jurisdiction, from across the state, from a multi-state
region, from across the nation)?
(2) Need for Funding. Why are sufficient state or local resources
unavailable to fully support the modification and presentation of the
model curriculum? What is the potential for replicating or integrating
the adapted curriculum in the future using state or local funds, once
it has been successfully adapted and tested?
(3) Likelihood of Implementation. What is the proposed timeline,
including the project start and end dates? On what date(s) would the
judicial branch education program be presented? What process would be
used to modify and present the program? Who would serve as faculty, and
how were they selected? What measures would be taken to facilitate
subsequent presentations of the program? Ordinarily, an independent
evaluation of a curriculum adaptation project is not required; however,
the results of any evaluation should be included in the final report.
(4) Expressions of Interest by Judges and/or Court Personnel. Does
the proposed program have the support of the court system or
association leadership, and of judges, court managers, and judicial
branch education personnel who are expected to attend? Applicants may
demonstrate this by attaching letters of support.
b. For training assistance:
(1) Need for Funding. What is the court reform or initiative
prompting the need for training? How would the proposed training help
the applicant implement planned changes at the court? Why are state or
local resources not sufficient to fully support the costs of the
required training?
(2) Project Description. What tasks would the trainer(s) be
expected to perform? Which organization or individual would be hired,
if in-house personnel are not the trainers, to provide the training,
and how was the trainer selected? If a trainer has not yet been
identified, what procedures and criteria would be used to select the
trainer? What specific tasks would the trainer and court staff or
regional court association members undertake? What presentation methods
will be used? What is the schedule for completion of each required task
and the entire project? How will the applicant oversee the project and
provide guidance to the trainer, and who at the court or affiliated
with the regional court association would be responsible for
coordinating all project tasks and submitting quarterly progress and
financial status reports?
If the trainer has been identified, the applicant should provide a
letter from that individual or organization documenting interest in and
availability for the project, as well as the trainer's ability to
complete the assignment within the proposed time frame and for the
proposed cost.
(3) Likelihood of Implementation. What steps have been or will be
taken to coordinate the implementation of the new reform, initiative,
and the training to support the same? For example, if the support or
cooperation of specific court or regional court association officials
or committees, other agencies, funding bodies, organizations, or a
court other than the applicant would be needed to adopt the reform and
initiate the training proposed, how would they be involved in the
review of the recommendations and development of the implementation
plan?
3. Budget and Matching State Contribution
Applicants must also follow the same guidelines provided under
Section IV.A.4. Applicants should attach a copy of budget Form C and a
budget narrative (see subsection A.4. above) that describes the basis
for the computation of all project-related costs and the source of the
match offered.
4. Submission Requirements
For curriculum adaptation requests, applicants should allow at
least 90 days between the Board meeting and the date of the proposed
program to allow sufficient time for needed planning. Letters of
support for the project are also encouraged. Applicants are encouraged
to call SJI to discuss concerns about timing of submissions.
D. Partner Grants
SJI and its funding partners may meld, pick and choose, or waive
their application procedures, grant cycles, or grant requirements to
expedite the award of jointly-funded grants targeted at emerging or
high priority problems confronting state and local courts. SJI may
solicit brief proposals from potential grantees to fellow financial
partners as a first step. Should SJI be chosen as the lead grant
manager, Project Grant application procedures will apply to the
proposed Partner Grant. As with Project Grants, Partner Grants will be
targeted at initiatives likely to have a significant national impact.
E. Education Support Program (ESP)
1. Limitations
Applicants may not receive more than one ESP award in a two-year
period unless the course specifically assumes multi-year participation,
or the course is part of a graduate degree program in judicial studies
in which the applicant is currently enrolled (neither exception should
be taken as a commitment on the part of SJI's Board of Directors to
approve serial ESP awards). Attendance at annual or mid-year meetings
or conferences of a state or national organization does not qualify as
an out-of-state educational program for the ESP, even though it may
include workshops or other training sessions.
The ESP only covers the cost of tuition up to a maximum of $1,000
per award. Awards will be made for the exact amount requested for
tuition. Funds to pay tuition in excess of $1,000, and other cost of
attending the program such as travel, lodging, transportation, meals,
materials, transportation to and from airports (including rental cars)
must be obtained from other sources or borne by the ESP award
recipient. Applicants are encouraged to check other sources of
financial assistance and to combine aid from various sources whenever
possible. An ESP award is not transferable to another individual. It
may be used only for the course specified in the application unless the
applicant's request to attend a different course that meets the
eligibility requirements is approved in writing by SJI.
2. Eligibility Requirements
a. Recipients. Because of the limited amount of funding available,
only full-time judges of state or local trial and appellate courts;
full-time professional, state, or local court personnel with management
and supervisory responsibilities; and supervisory and management
probation personnel in judicial branch probation offices are eligible
for the program. Senior judges,
[[Page 62575]]
part-time judges, quasi-judicial hearing officers including referees
and commissioners, administrative law judges, staff attorneys, law
clerks, line staff, law enforcement officers, and other executive
branch personnel are not eligible.
b. Courses. An ESP award is only for: (1) A course presented in a
state other than the one in which the applicant resides or works, or
(2) an online course. The course must be designed to enhance the skills
of new or experienced judges and court managers; or be offered by a
recognized graduate program for judges or court managers.
Applicants are encouraged not to wait for the decision on an ESP
applicaiton to register for an educational program they wish to attend.
SJI does not submit the names of ESP award recipients to educational
organizations, nor provide the funds to the educational organization.
ESP funds are provided as reimbursements directly to the recipient.
3. Forms
a. Education Support Program Application--Form ESP-1 (Appendix B).
The application requests basic information about the applicant and the
educational program the applicant would like to attend. It also
addresses the applicant's commitment to share the skills and knowledge
gained with state and local court colleagues. The application must bear
the original signature of the applicant. Faxed or photocopied
signatures will not be accepted. Please be sure to indicate whether the
state will be providing funds for the project and, if so, how much. SJI
will not supplant state funds with these awards.
b. Education Support Program Concurrence--Form ESP-2 (Appendix B).
Judges and court managers applying for the program must submit the
original written concurrence of the chief justice of the state's
supreme court (or the chief justice's designee) on Form ESP-2 (see
Appendix B). The signature of the presiding judge of the applicant's
court may not be substituted for that of the state's chief justice or
the chief justice's designee. The chief justice or state court
administrator must notify SJI of the designees within the state for ESP
purposes.
4. Submission Requirements
Applications may be submitted at any time but will be reviewed on a
quarterly basis. This means ESP awards will be on a ``first-come,
first-considered'' basis. The dates for applications to be received by
SJI for consideration in FY 2011 are November 1, February 1, May 1, and
August 1. These are not mailing deadlines. The applications must be
received by SJI on or before each of these dates. No exceptions or
extensions will be granted. All the required items must be received for
an application to be considered. If the Concurrence form or letter of
support is sent separately from the application, the postmark date of
the last item sent will be used in determining the review date. All
applications should be sent by mail or courier (not fax or e-mail).
V. Application Review Procedures
A. Preliminary Inquiries
SJI staff will answer inquiries concerning application procedures.
B. Selection Criteria
1. Project Grant Applications
a. Project Grant applications will be rated on the basis of the
criteria set forth below. SJI will accord the greatest weight to the
following criteria:
(1) The soundness of the methodology;
(2) The demonstration of need for the project;
(3) The appropriateness of the proposed evaluation design;
(4) If applicable, the key findings and recommendations of the most
recent evaluation and the proposed responses to those findings and
recommendations;
(5) The applicant's management plan and organizational
capabilities;
(6) The qualifications of the project's staff;
(7) The products and benefits resulting from the project, including
the extent to which the project will have long-term benefits for state
courts across the nation;
(8) The degree to which the findings, procedures, training,
technology, or other results of the project can be transferred to other
jurisdictions;
(9) The reasonableness of the proposed budget; and,
(10) The demonstration of cooperation and support of other agencies
that may be affected by the project.
b. In determining which projects to support, SJI will also consider
whether the applicant is a state court, a national court support or
education organization, a non-court unit of government, or other type
of entity eligible to receive grants under SJI's enabling legislation
(see section II.); the availability of financial assistance from other
sources for the project; the amount of the applicant's match; the
extent to which the proposed project would also benefit the Federal
courts or help State courts enforce federal constitutional and
legislative requirements; and the level of appropriations available to
SJI in the current year and the amount expected to be available in
succeeding fiscal years.
2. Technical Assistance (TA) Grant Applications
TA Grant applications will be rated on the basis of the following
criteria:
a. Whether the assistance would address a critical need of the
applicant;
b. The soundness of the technical assistance approach to the
problem;
c. The qualifications of the consultant(s) to be hired or the
specific criteria that will be used to select the consultant(s);
d. The commitment of the court or association to act on the
consultant's recommendations; and,
e. The reasonableness of the proposed budget.
SJI also will consider factors such as the level and nature of the
match that would be provided, diversity of subject matter, geographic
diversity, the level of appropriations available to SJI in the current
year, and the amount expected to be available in succeeding fiscal
years.
3. Curriculum Adaptation and Training (CAT) Grant Applications
CAT Grant applications will be rated on the basis of the following
criteria:
a. For curriculum adaptation projects:
(1) The goals and objectives of the proposed project;
(2) The need for outside funding to support the program;
(3) The appropriateness of the approach in achieving the project's
educational objectives;
(4) The likelihood of effective implementation and integration of
the modified curriculum into ongoing educational programming; and,
(5) Expressions of interest by the judges and/or court personnel
who would be directly involved in or affected by the project.
b. For training assistance:
(1) Whether the training would address a critical need of the court
or association;
(2) The soundness of the training approach to the problem;
(3) The qualifications of the trainer(s) to be hired or the
specific criteria that will be used to select the trainer(s);
(4) The commitment of the court or association to the training
program; and
(5) The reasonableness of the proposed budget.
SJI will also consider factors such as the reasonableness of the
amount requested; compliance with match requirements; diversity of
subject matter, geographic diversity; the level of appropriations
available in the current
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year; and the amount expected to be available in succeeding fiscal
years.
4. Partner Grants
The selection criteria for Partner Grants will be driven by the
collective priorities of SJI and other organizations and their
collective assessments regarding the needs and capabilities of court
and court-related organizations. Having settled on priorities, SJI and
its financial partners will likely contact the courts or court-related
organizations most acceptable as pilots, laboratories, consultants, or
the like.
5. Education Support Program (ESP)
ESP awards are only for programs that either: (1) Enhance the
skills of judges and court managers; or (2) are part of a graduate
degree program for judges or court personnel. Awards are provided on
the basis of:
a. The date on which the application and concurrence (and support
letter, if required) were sent (``first-come, first-considered'');
b. The unavailability of state or local funds, or funding from
another source to cover the costs of attending the program, or
participating online;
c. The absence of educational programs in the applicant's state
addressing the topic(s) covered by the educational program for which
the award is being sought;
d. Geographic balance among the recipients;
e. The balance of ESP awards among educational providers and
programs;
f. The balance of ESP awards among the types of courts and court
personnel (trial judge, appellate judge, trial court administrator)
represented; and
g. The level of appropriations available to SJI in the current year
and the amount expected to be available in succeeding fiscal years.
The postmark or courier receipt will be used to determine the date
on which the application form and other required items were sent.
C. Review and Approval Process
1. Project Grant Applications
SJI's Board of Directors will review the applications
competitively. SJI staff will prepare a narrative summary and a rating
sheet assigning points for each relevant selection criterion. Staff
will present the narrative summaries and rating sheets to the Board for
its review. The Board will review all application summaries and decide
which projects it will fund. The decision to fund a project is solely
that of the Board of Directors.
The Chairman of the Board will sign approved awards on behalf of
SJI.
2. Technical Assistance (TA) and Curriculum Adaptation and Training
(CAT) Grant Applications
Staff will prepare a narrative summary of each application and a
rating sheet assigning points for each relevant selection criterion.
The Board will review the applications competitively.
The Chairman of the Board will sign approved awards on behalf of
SJI.
3. Education Support Program (ESP)
A committee of the Board of Directors will review ESP applications
quarterly. The Board of Directors has delegated its authority to
approve ESP awards to the committee established for the program. The
committee will review the applications competitively. In the event of a
tie vote, the Chairman of the Board will serve as the tie-breaker. The
Chairman of the Board will sign approved awards on behalf of SJI.
4. Partner Grants
SJI's internal process for the review and approval of Partner
Grants will depend on negotiations with fellow financiers. SJI may use
its procedures, a partner's procedures, a mix of both, or entirely
unique procedures. All Partner Grants will be approved by the Board of
Directors on whatever schedule makes sense at the time.
D. Return Policy
Unless a specific request is made, unsuccessful applications will
not be returned. Applicants are advised that SJI records are subject to
the provisions of the Federal Freedom of Information Act, 5 U.S.C. 552.
E. Notification of Board Decision
SJI will send written notice to applicants concerning all Board
decisions to approve, defer, or deny their respective applications. For
all applications (except ESP applications), if requested, SJI will
convey the key issues and questions that arose during the review
process. A decision by the Board to deny an application may not be
appealed, but it does not prohibit resubmission of a proposal based on
that application in a subsequent funding cycle.
F. Response to Notification of Approval
With the exception of those approved for ESP awards, applicants
have 30 days from the date of the letter notifying them that the Board
has approved their application to respond to any revisions requested by
the Board. If the requested revisions (or a reasonable schedule for
submitting such revisions) have not been submitted to SJI within 30
days after notification, the approval may be rescinded and the
application presented to the Board for reconsideration. In the event an
issue will only be resolved after award, such as the selection of a
consultant, the final award document will include a Special Condition
that will require additional grantee reporting and SJI review and
approval. Special Conditions, in the form of incentives or sanctions,
may also be used in other situations.
VI. Compliance Requirements
The State Justice Institute Act contains limitations and conditions
on grants, contracts, and cooperative agreements awarded by SJI. The
Board of Directors has approved additional policies governing the use
of SJI grant funds. These statutory and policy requirements are set
forth below.
A. Recipients of Project Grants
1. Advocacy
No funds made available by SJI may be used to support or conduct
training programs for the purpose of advocating particular non-judicial
public policies or encouraging non-judicial political activities (42
U.S.C. 10706(b)).
2. Approval of Key Staff
If the qualifications of an employee or consultant assigned to a
key project staff position are not described in the application or if
there is a change of a person assigned to such a position, the
recipient must submit a description of the qualifications of the newly
assigned person to SJI. Prior written approval of the qualifications of
the new person assigned to a key staff position must be received from
the Institute before the salary or consulting fee of that person and
associated costs may be paid or reimbursed from grant funds (see
section VIII.A.7.).
3. Audit
Recipients of project grants must provide for an annual fiscal
audit which includes an opinion on whether the financial statements of
the grantee present fairly its financial position and its financial
operations are in accordance with generally accepted accounting
principles (see section VII.K. for the requirements of such audits).
ESP award recipients, Curriculum Adaptation and Training Grants, and
Technical Assistance Grants are not required to submit an audit, but
they must maintain appropriate documentation to support all
expenditures (see section VIII.K.).
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4. Budget Revisions
Budget revisions among direct cost categories that: (a) Transfer
grant funds to an unbudgeted cost category, or (b) individually or
cumulatively exceed five percent of the approved original budget or the
most recently approved revised budget require prior SJI approval (see
section VIII.A.1.).
5. Conflict of Interest
Personnel and o