Page:United States Statutes at Large Volume 88 Part 2.djvu/293

 88 STAT. ]

PUBLIC LAW 93-512-DEC. 5, 1974

1605

Public Law 93-512 AN ACT

To improve judicial machinery by amending title 28, United States Code, to. broaden and clarify the grounds for judicial disqualification.

Decembers, 1974

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress CLssembled^ That section 455 Judicial disof title 28, United States Code, is amended to read as follows: ''"^ ^ ^'^^ '°"' bankruptcy " (a) Any justice, judge, magistrate, or referee in bankruptcy of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. "(b) He shall also disqualify himself in the following circumstances: "(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; " (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; " (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; "(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; "(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: "(i) Is a party to the proceeding, or an officer, director, or trustee of a party; "(ii) Is acting as a lawyer in the proceeding; "(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; "(iv) Is to the judge's knowledge likely to be a material witness in the proceeding. " (c) A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household. " (d) For the purposes of this section the following words or Definitions. phrases shall have the meaning indicated: "(1) 'proceeding' includes pretrial, trial, appellate review, or other stages of litigation; "(2) the degree of relationship is calculated according to the civil law system; "(3) 'fiduciary' includes such relationships as executor, administrator, trustee, and guardian;
 * '§ 455. Disqualification of justice, judge, magistrate, or referee in

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