§ 458. Relative of justice or judge ineligible to appointment

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(1)No person shall be appointed to or employed in any office or duty in any court who is related by affinity or consanguinity within the degree of first cousin to any justice or judge of such court.

(2)With respect to the appointment of a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court), subsection

(b)shall apply in lieu of this subsection.

(1)In this subsection, the term—

(A)“same court” means—

(i)in the case of a district court, the court of a single judicial district; and

(ii)in the case of a court of appeals, the court of appeals of a single circuit; and

(B)“member”—

(i)means an active judge or a judge retired in senior status under section 371(b); and

(ii)shall not include a retired judge, except as described under clause (i).

(2)No person may be appointed to the position of judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) who is related by affinity or consanguinity within the degree of first cousin to any judge who is a member of the same court.

(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 105–300, § 1(a), Oct. 27, 1998, 112 Stat. 2836.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 126 (Mar. 3, 1887, ch. 373, § 7, 24 Stat. 555; Aug. 13, 1888, ch. 866, § 7, 25 Stat. 437; Mar. 3, 1911, ch. 231, § 67, 36 Stat. 1105; Dec. 21, 1911, ch. 4, 37 Stat. 46).

A provision referring to circuit court employees as of December 21, 1911, was omitted as obsolete.

Changes in phraseology were made.

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Public Law 105–300
To provide that a person closely related to a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) may not be appointed as a judge of the same court, and for other purposes

15 references not yet in our index

June 25, 1948, ch. 646
62 Stat. 908
Pub. L. 105–300, § 1(a)
112 Stat. 2836
Mar. 3, 1887, ch. 373, § 7
24 Stat. 555
Aug. 13, 1888, ch. 866, § 7
25 Stat. 437
Mar. 3, 1911, ch. 231, § 67
36 Stat. 1105
Dec. 21, 1911, ch. 4
37 Stat. 46
Pub. L. 105–300
Pub. L. 105–300, § 1(b)
112 Stat. 2837

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cites case law

§ 458

Relative of justice or judge ineligible to appointment

Stat.×1

ActJune 25, 1948, ch. 646

Stat.62 Stat. 908

Pub. L.Pub. L. 105–300, § 1(a)

Stat.112 Stat. 2836

ActMar. 3, 1887, ch. 373, § 7

Cites 15 · showing 5Cited by 1 across 1 source