§ 453. — Oath of justices and judges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC453]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
Sec. 453. Oaths of justices and judges
Each justice or judge of the United States shall take the following
oath or affirmation before performing the duties of his office: ``I, ___
___, do solemnly swear (or affirm) that I will administer justice
without respect to persons, and do equal right to the poor and to the
rich, and that I will faithfully and impartially discharge and perform
all the duties incumbent upon me as ___ under the Constitution and laws
of the United States. So help me God.''
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101-650, title IV,
Sec. 404, Dec. 1, 1990, 104 Stat. 5124.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 241, 372, and District of
Columbia Code, 1940 ed., Secs. 11-203, 11-303 (R.S.D.C., Sec. 752, 18
Stat. pt. II, 90; Feb. 9, 1893, ch. 74, Sec. 3, 27 Stat. 435; Mar. 3,
1901, ch. 854, Sec. 223, 31 Stat. 1224; Mar. 3, 1911, ch. 231,
Secs. 136, 137, 257, 36 Stat. 1135, 1161; Feb. 25, 1919, ch. 29, Sec. 4,
40 Stat. 1157).
This section consolidates sections 11-203 and 11-303 of District of
Columbia Code, 1940 ed., and section 372 of title 28, U.S.C., 1940 ed.,
with that portion of section 241 of said title 28 providing that judges
of the Court of Claims shall take an oath of office. The remainder of
said section 241 comprises sections 171 and 173 of this title.
The phrase ``justice or judge of the United States'' was substituted
for ``justices of the Supreme Court, the circuit judges, and the
district judges'' appearing in said section 372, in order to extend the
provisions of this section to judges of the Court of Claims, Customs
Court, and Court of Customs and Patent Appeals and to all judges of any
court which may be created by enactment of Congress. See definition in
section 451 of this title.
The Attorney General has ruled that the expression ``any judge of
any court of the United States'' applied to the Chief Justice and all
judges of the Court of Claims. (21 Op. Atty. Gen. 449.)
Amendments
1990--Pub. L. 101-650 substituted ``under the Constitution'' for
``according to the best of my abilities and understanding, agreeably to
the Constitution''.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-650 effective 90 days after Dec. 1, 1990,
see section 407 of Pub. L. 101-650, set out as a note under section 332
of this title.
Section Referred to in Other Sections
This section is referred to in sections 153, 460, 631, 655 of this
title.
