E-SJI News

The SJI Board of Directors met on September 16, 2010, to award grants for the 4th quarter of FY 2010. Nine (9) 

new grants were awarded, totaling $434,865. Two (2) Project Grants were awarded, including: support to the 

Lancaster County Court of Common Pleas for an operational efficiency study across 10 departments in 

Lancaster, Pennsylvania; and funding to the American Bar Association (ABA) for the 3rd National Guardianship 

Summit, which will focus on guardian standards of practice and decision-making. 

Six (6) Technical Assistance (TA) Projects were awarded, including: expanding language access planning 

through the New Mexico Administrative Office of the Courts; updates and revisions to the National Probate 

Courts Standards by the National Center for State Courts on behalf of the National College of Probate Judges; 

continued support to the Vermont Supreme Court’s Superior Court Planning Project as they implement trial 

court consolidation and improve judicial services; and evaluation of criminal case processing in the 17th Judicial 

District Court, Parish of Lafourche, Louisiana. In addition, SJI supported operational studies and assessments 

in two other jurisdictions including: Hendricks County, Indiana and Pierce County, Washington.

One (1) Curriculum Adaptation & Training (CAT) Grant was awarded to the National Judicial College to 

develop an online interactive training curriculum for newly elected or appointed judges. 

NEW PRESIDENTIAL NOMINEE FOR THE SJI BOARD

On September 13, 2010, the President nominated Chief Justice Marsha Ternus to serve on the SJI Board. She is 

currently pending consideration by the Senate Judiciary Committee and full Senate confirmation. 

Marsha Ternus is currently the Chief Justice for the Iowa Supreme Court. She was appointed to the Supreme 

Court in 2003 and selected as Chief Justice in 2006. Prior to becoming a judge, she was in private practice at 

the law firm of Bradshaw, Fowler, Proctor & Fairgrave from 1977 to 1993. She currently serves on the Board 

of Directors of the Conference of Chief Justices, and on the Judicial Conference Committee on Federal State 

Jurisdiction. She received a J.D. with Honors, Order of the Coif, from Drake University Law School, and a 

B.A. with high distinction, Phi Beta Kappa, from the University of Iowa. (continued on page 2)

SJI BOARD AWARDS GRANTS FOR THE 4th QUARTER

Inside

New Presidential Nominee for the

SJI Board 1, 2

September 2010 Vol. 20, No. 12

Special Interest Categories for 

FY 2011 2

DOJ Releases New Resource for 

Courts on Immigration Consequences 

of Padilla v. Kentucky 3
The Senate previously confirmed six new Board members on June 22, 2010. The President nominated two new 

Board members last month. By law, SJI is supervised by a Board of Directors consisting of 11 members 

appointed by the President with the advice and consent of the Senate. Pursuant to 42 U.S.C. 10703, the 

President appoints 6 judges and 1 state court administrator from a list of candidates submitted to the President 

by the Conference of Chief Justices (CCJ). In addition, the President also appoints 4 public member positions, 

no more than 2 of whom can be from the same political party.

SPECIAL INTEREST CATEGORIES FOR FY 2011

The SJI Board approved the following Special Interest Categories for Project Grants during the 4th quarter 

meeting:

Immigration Issues in the State Courts: Recent immigration growth is having a significant impact on state 

and local courts. Courts along the Southwest Border, and other areas of the United States with large immigrant 

populations, are contending with issues such as how to provide culturally appropriate services; increases in 

gang-crime cases involving immigrants; and the impact of federal and state immigration policies on court 

operations. SJI is interested in projects that highlight the issues state and local courts face in addressing the 

demands of increased immigration, and potential solutions to those issues.

State Court Budgeting and Reengineering: SJI continues to recognize state court reengineering and 

budgeting as emerging needs under the present economic conditions. SJI is interested in projects that include 

the development of plans, tools, and resources in reengineering that provide guidance in making policy 

decisions and implementing changes in the state courts. SJI is also interested in projects focusing on the new 

challenges of maintaining access to justice while controlling or reducing costs, and improving efficiency in 

measurable ways.

Courts and the Media: Recent repeated public attacks on the state courts have gone largely unanswered 

because the state courts were unable to respond effectively. No one is better prepared than a judge to describe 

decision-making on the bench within the law and the Constitution. SJI is interested in projects that explore the 

role of judge as public commentator within ethical and professional boundaries. SJI is also interested in judicial 

education or other programs that prepare judges and court officials to serve as spokesmen in high profile 

circumstances, especially in situations where courts lack dedicated public information officers. 

Elder Issues: This category includes research, demonstration, evaluation, and education projects designed to 

improve management of guardianship, probate, fraud, Americans with Disability Act, and other types of elderrelated cases. 

These categories will take effect beginning FY 2011 (October 1, 2010), and will be included in the FY 2011 SJI 

Grant Guideline. The FY 2011 Grant Guideline will be available on the SJI website in October.

Page 2 E-SJI News – Vol. 20, No. 12
DOJ RELEASES NEW RESOURCE FOR COURTS 

ON IMMIGRATION CONSEQUENCES IN 

RESPONSE TO PADILLA v. KENTUCKY

 

In response to the U.S. Supreme Court’s decision in Padilla v. Kentucky, the 

Department of Justice/Office of Immigration Litigation (OIL) recently 

released a reference guide, titled Immigration Consequences of Criminal 

Convictions: Padilla v. Kentucky. The guide provides criminal justice 

partners, including state courts, with an understanding of the immigration 

consequences resulting from a non-citizen defendant’s guilty plea. 

As the impact of the Padilla decision on the responsibilities of defense 

attorneys in criminal proceedings is clarified, a greater understanding of basic 

immigration law by federal and state prosecutors and judges, as well as other 

interested parties is also warranted. OIL created the guide to concisely 

summarize an array of literature, legislation, and protocols that presented 

issues in Padilla. 

The guide includes a five-part expert analysis on the statute, processes, 

implications, and related case law, including: 1) overview of the removal 

process; 2) consequences of criminal acts; 3) relief and protection from 

removal; 4) other immigration consequences of guilty pleas; and 5) overview 

of criminal law-related amendments to the Immigration and Nationality Act

(INA). 

This reference guide is available on OIL’s Appellate Section of the DOJ 

website: http://www.justice.gov/civil/oil/Padilla_Monograph.htm.

SJI, in partnership with DOJ, has been working to disseminate information to 

the state courts regarding practices affected by Padilla. A Padilla primer 

document is available on the SJI website, which was written by the Center for 

Public Policy Studies (CPPS) shortly after the Padilla decision. SJI also 

continues to address immigration issues in the state courts through its 

Strategic Initiatives Grants (SIG) Program.

Board of Directors

Chairman

Robert A. Miller

Chief Justice (Ret.)

Supreme Court of South Dakota

Pierre, SD

Vice Chairman

Joseph F. Baca

Chief Justice (Ret.)

New Mexico Supreme Court

Santa Fe, NM

Secretary

Sandra A. O’Connor

States Attorney of Baltimore 

County (Ret.)

Towson, MD

Executive Committee Member

Keith McNamara, Esq.

McNamara & McNamara

Columbus, OH

Terrence B. Adamson, Esq.

Executive Vice-President

The National Geographic Society

Washington, D.C.

Robert N. Baldwin

Executive Vice President and

General Counsel

National Center for State Courts

Williamsburg, VA

Sophia H. Hall

Administrative Presiding Judge

Circuit Court of Cook County

Chicago, IL

Tommy Jewell

Presiding Children’s Court Judge 

(Ret.)

Second Judicial District Court

Albuquerque, NM

Arthur A. McGiverin

Chief Justice (Ret.)

Supreme Court of Iowa

Ottumwa, IA

Jonathan D. Mattiello

Executive Director

The State Justice Institute is a 

private, non-profit corporation 

established by federal law in 1984 

to improve the quality of justice in 

state courts, and foster innovative, 

efficient solutions to common 

issues faced by all courts. SJI is 

governed by a Board of Directors 

appointed by the President and 

confirmed by the Senate.

Page 3 E-SJI News – Vol. 20, No. 12