Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
66 lines
3.2 KiB
Markdown
66 lines
3.2 KiB
Markdown
---
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type: "LegalText"
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title: "28 U.S.C. § 458"
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description: "Relative of justice or judge ineligible to appointment"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 28
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title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
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chapter_number: "21"
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chapter_name: "GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES"
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section: "458"
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citation: "28 U.S.C. § 458"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip"
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source_identifier: "/us/usc/t28/s458"
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source_file: "data/legal/raw/us/code/title-28/usc28.xml"
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source_hash: "e10d1a542d86b1314826787c3a247730254d091880c07048b148bf01206b05fe"
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raw_snapshot_hash: "3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf"
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text_hash: "bdc3e5a2ca60fbc694dbc12739b415a4d64a565dc44360eca4a1844c9c4fed2a"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 28 U.S.C. § 458 - Relative of justice or judge ineligible to appointment
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## Text
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(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.
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(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.
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(b) (1) In this subsection, the term—
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(A) “same court” means—
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(i) in the case of a district court, the court of a single judicial district; and
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(ii) in the case of a court of appeals, the court of appeals of a single circuit; and
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(B) “member”—
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(i) means an active judge or a judge retired in senior status under section 371(b); and
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(ii) shall not include a retired judge, except as described under clause (i).
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(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.
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(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 105–300, § 1(a), Oct. 27, 1998, 112 Stat. 2836.)
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## Notes
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Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 126 (Mar. 3, 1887, ch. 373, § 7, 24 Stat. 555; Aug. 13, 1888, ch. 866, § 7, 25 Stat. 437; Mar. 3, 1911, ch. 231, § 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.
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Editorial Notes
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Amendments1998—Pub. L. 105–300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b).
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Statutory Notes and Related Subsidiaries
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Effective Date of 1998 AmendmentPub. 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.”
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