28 U.S.C. § 458 — Relative of justice or judge ineligible to appointment
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 206 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
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.
In this subsection, the term—
“same court” means—
in the case of a district court*, the court of a single judicial district*; and
in the case of a court of appeals, the court of appeals of a single circuit; and
“member”—
means an active judge or a judge retired in senior status under section 371(b); and
shall not include a retired judge, except as described under clause (i).
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.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 105–300, § 1(a), Oct. 27, 1998, 112 Stat. 2836.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 908
- 1998Amended · Pub. L. 105-300 · 112 Stat. 2836
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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