§ 458. Relative of justice or judge ineligible to appointment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 458

   June 25, 1948, ch. 646, 62 Stat. 908

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 908

2. 1998

   Pub. L. 105–300 § 1(a) · 112 Stat. 2836

   1. Amended · 28 U.S.C. § 458

      Pub. L. 105–300 designated existing provisions as subsec. (a)(1)

   2. Added · 28 U.S.C. § 458

      Pub. L. 105–300 added subsecs. (a)(2) and (b)

   Source evidence

   Code amendment note
   Pub. L. 105–300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b).

   Enacted provision · exact public law section
   (a) In General.— Section 458 of title 28, United States Code, is amended— (1) by inserting “(a)(1)” before “No person”; and (2) by adding at the end the following: “(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) 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.”.

   Effective date note
   Pub. L. 105–300, § 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.”

2 of 3 references resolved to an enrolled provision · 1 partial