U.S. Code » Title 28 » Part PART I— ORGANIZATION OF COURTS › Chapter CHAPTER 21— GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

28 U.S.C. § 458

Relative of justice or judge ineligible to appointment

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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.(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. 105–300, § 1(a), Oct. 27, 1998, 112 Stat. 2836.)Historical and Revision Notes

Based 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 NotesAmendments

1998—Pub. L. 105–300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b).

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

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.”

Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1939–2024 · leading case: Trump v. United States
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Trump v. United States (2024) scotus · cites it 3× “” Application of 28 U. S. C. § 458 to Presidential Appointments of Federal Judges, 19 Op.”
Trump v. United States (2024) scotus · cites it 3× “” Application of 28 U. S. C. §458 to Presidential Appoint- ments of Federal Judges, 19 Op.”
United States v. George Robert Bosch, Jr. (1991) ca9 “§ 1910 , 28 U.S.C. § 458 (barring nepotism in judicial hiring and appointments); 28 U.”
James Blassingame v. Donald Trump (2023) cadc “Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges, 19 Op.”
Ex Parte Rosier (1942) cadc · cites it 2× “§ 758 (1875), 28 U.S.C.A. § 458 . [10] Rev.Stat. § 759 (1875), 28 U.”
Jones v. Biddle (1942) ca8 “28 U.S.C.A. § 458 . While the prisons of the United States and the custody of federal prisoners under sentence are generally under the supervision of the Attorney General (Ponzi v.”
McKee v. Johnston (1939) ca9 “§ 758, 28 U.S.C.A. § 458 . 2 Appended to appellant’s petition were certified copies of the indictment, the judgment and sentence and the commitment.”
In Re Management Data Services, Inc. (1984) wawb “§ 455 , as well as 28 U.S.C. § 458 making ineligible for appointment to any office or duty in any court, the relative of a justice or a judge.”
Kelly v. Johnston (1940) ca9 “At the hearing below, appellant was represented by counsel, but was not present in person, being detained in the penitentiary.”
Bowen v. Johnston (1944) cand “” 28 U.S.C.A. § 458 . “§ 759. When the writ is returned, a day shall be set for the hearing of the cause, not exceeding five days thereafter, unless the party petitioning requests a longer time.”
Murray v. Silberstein (1988) paed “Although Plaintiffs Motion for Judgment on the Pleadings deals specifically with only purported constitutional violations, the "misinterpretation” argument may attempt to express a pendant state claim for relief.”
Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges (1995) olc · cites it 11× “Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges Section 458 o f title 28 does not apply to presidential appointments o f judges to the federal judiciary.”
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