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
Courts cannot hire or appoint someone closely related to one of their own judges. This bar covers relatives within the degree of first cousin. For most federal appellate and district judgeships, a special version of this rule applies instead. It blocks appointing a new judge related to a sitting judge on that court.
(a) General rule and its limit:
(1) No one may be appointed to, or employed in, any office or duty in any court if they are related — by marriage (affinity) or blood (consanguinity) — within the degree of first cousin to any justice or judge of that same court.
(2) But for judges appointed to a court that exercises power under Article III of the Constitution (other than the Supreme Court), subsection (b) applies instead of this rule.
(b) Special rule for Article III judges (other than the Supreme Court):
(1) Two terms are defined for this subsection: (A) "Same court" means, for a district court*, the court of a single judicial district*; for a court of appeals, the court of appeals of a single circuit. (B) "Member" means an active judge, or a judge retired into senior status under section 371(b) — but it does NOT include a retired judge in general, except for that senior-status kind.
(2) No one may be appointed as a judge of an Article III court (other than the Supreme Court) if they are related — by marriage or blood, within the degree of first cousin — to any judge who is a "member" of that same court.
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.
all 0 arguments · sorted by: best
no arguments yet — make the first case