Page:United States Statutes at Large Volume 112 Part 5.djvu/78

 112 STAT. 2836 PUBLIC LAW 105-300 —OCT. 27, 1998 Public Law 105-300 105th Congress An Act rw 97 IQQS '^^ provide that a person closely related to a judge of a court exercising judicial uct. //, -iwa— power under article III of the United States Constitution (other than the Supreme [S. 1892] Court) may not be appointed as a judge of the same coiul, and for other purposes. 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,".

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