§ 458. — Relative of justice or judge ineligible to appointment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC458]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
Sec. 458. Relative of justice or judge ineligible to appointment
(a)(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.
(b)(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, Sec. 1(a), Oct.
27, 1998, 112 Stat. 2836.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 126 (Mar. 3, 1887, ch.
373, Sec. 7, 24 Stat. 555; Aug. 13, 1888, ch. 866, Sec. 7, 25 Stat. 437;
Mar. 3, 1911, ch. 231, Sec. 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.
Amendments
1998--Pub. L. 105-300 designated existing provisions as subsec.
(a)(1) and added subsecs. (a)(2) and (b).
Effective Date of 1998 Amendment
Pub. L. 105-300, Sec. 1(b), Oct. 27, 1998, 112 Stat. 2837, provided
that: ``This Act [amending this section] shall take effect on the date
of enactment of this Act [Oct. 27, 1998] and shall apply only to any
individual whose nomination is submitted to the Senate on or after such
date.''
Section Referred to in Other Sections
This section is referred to in section 460 of this title.
