Public Law 105-300

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[105th Congress Public Law 300]
[From the U.S. Government Publishing Office]


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[DOCID: f:publ300.105]

Public Law 105-300
105th Congress

                                 An Act


 
     To provide that a person closely related to a judge of a court 
    exercising judicial power under article III of the United States 
 Constitution (other than the Supreme Court) may not be appointed as a 
   judge of the same court, and for other purposes. <<NOTE: Oct. 27, 
                          1998 -  [S. 1892]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. LIMITATION ON CLOSELY RELATED PERSONS SERVING AS 
                            FEDERAL JUDGES ON THE SAME COURT.

    (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)(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.''.
    (b) Effective Date.--This <<NOTE: 28 USC 458 note.>>  Act shall take 
effect on the date of enactment of this Act and shall apply only to any 
individual whose nomination is submitted to the Senate on or after such 
date.

    Approved October 27, 1998.

LEGISLATIVE HISTORY--S. 1892:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
            Oct. 6, considered and passed Senate.
            Oct. 7, considered and passed House.

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