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LegalText 28 U.S.C. § 458 Relative of justice or judge ineligible to appointment us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 21 GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES 458 28 U.S.C. § 458 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s458 data/legal/raw/us/code/title-28/usc28.xml e10d1a542d86b1314826787c3a247730254d091880c07048b148bf01206b05fe 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf bdc3e5a2ca60fbc694dbc12739b415a4d64a565dc44360eca4a1844c9c4fed2a 2026-07-04 official
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28 U.S.C. § 458 - Relative of justice or judge ineligible to appointment

Text

(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. 105300, § 1(a), Oct. 27, 1998, 112 Stat. 2836.)

Notes

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.

Editorial Notes

Amendments1998—Pub. L. 105300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 AmendmentPub. L. 105300, § 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.”