---
kind: "range"
citation: "28 U.S.C. §§ 452–459"
title: "28"
from: "452"
to: "459"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/28/452..459"
---

# §452. Courts always open; powers unrestricted by expiration of sessions


All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders.

The continued existence or expiration of a session of a court in no way affects the power of the court to do any act or take any proceeding.


# §453. Oaths of justices and judges


Each justice or [judge of the United States](/usc/28/451.md) shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”


# §454. Practice of law by justices and judges


Any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor.


# §455. Disqualification of justice, judge, or magistrate judge

- (a) Any justice, judge, or magistrate [judge of the United States](/usc/28/451.md) shall disqualify himself in any [proceeding](#d-1) 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](#d-1);
  - (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](#d-1) or expressed an opinion concerning the merits of the particular case in controversy;
  - (4) He knows that he, individually or as a [fiduciary](#d-3), or his spouse or minor child residing in his household, has a [financial interest](#d-4) in the subject matter in controversy or in a party to the [proceeding](#d-1), or any other interest that could be substantially affected by the outcome of the [proceeding](#d-1);
  - (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](#d-1), or an officer, director, or trustee of a party;
    - (ii) Is acting as a lawyer in the [proceeding](#d-1);
    - (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the [proceeding](#d-1);
    - (iv) Is to the judge’s knowledge likely to be a material witness in the [proceeding](#d-1).
- (c) A judge should inform himself about his personal and [fiduciary](#d-3) [financial interests](#d-4), and make a reasonable effort to inform himself about the personal [financial interests](#d-4) of his spouse and minor children residing in his household.
- (d) For the purposes of this section the following words or 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;
  - (4) “financial interest” means ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party, except that:
    - (i) Ownership in a mutual or common investment fund that holds securities is not a “[financial interest](#d-4)” in such securities unless the judge participates in the management of the fund;
    - (ii) An office in an educational, religious, charitable, fraternal, or civic organization is not a “[financial interest](#d-4)” in securities held by the organization;
    - (iii) The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a “[financial interest](#d-4)” in the organization only if the outcome of the [proceeding](#d-1) could substantially affect the value of the interest;
    - (iv) Ownership of government securities is a “[financial interest](#d-4)” in the issuer only if the outcome of the [proceeding](#d-1) could substantially affect the value of the securities.
- (e) No justice, judge, or magistrate judge shall accept from the parties to the [proceeding](#d-1) a waiver of any ground for disqualification enumerated in [subsection (b)](#b). Where the ground for disqualification arises only under [subsection (a)](#a), waiver may be accepted provided it is preceded by a full disclosure on the record of the basis for disqualification.
- (f) Notwithstanding the preceding provisions of this section, if any justice, judge, magistrate judge, or bankruptcy judge to whom a matter has been assigned would be disqualified, after substantial judicial time has been devoted to the matter, because of the appearance or discovery, after the matter was assigned to him or her, that he or she individually or as a [fiduciary](#d-3), or his or her spouse or minor child residing in his or her household, has a [financial interest](#d-4) in a party (other than an interest that could be substantially affected by the outcome), disqualification is not required if the justice, judge, magistrate judge, bankruptcy judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification.

# §456. Traveling expenses of justices and judges; official duty stations

- (a) The Director of the Administrative Office of the United States Courts shall pay each justice or [judge of the United States](/usc/28/451.md), and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business at a place other than his official duty station for any continuous period of less than thirty calendar days (1) all necessary transportation expenses certified by the justice or judge; and (2) payments for subsistence expenses at rates or in amounts which the Director establishes, in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States and after considering the rates or amounts set by the Administrator of General Services and the President pursuant to [section 5702 of title 5](/usc/5/5702.md). The Director of the Administrative Office of the United States Courts shall also pay each justice or [judge of the United States](/usc/28/451.md), and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business under an assignment authorized under [chapter 13](/usc/28/chptI-ch13.md) of this title which exceeds in duration a continuous period of thirty calendar days, all necessary transportation expenses and actual and necessary expenses of subsistence actually incurred, notwithstanding the provisions of [section 5702 of title 5](/usc/5/5702.md), in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States.
- (b) The official duty station of the Chief [Justice of the United States](/usc/28/451.md), the Justices of the Supreme [Court of the United States](/usc/28/451.md), and the judges of the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Federal Circuit, and the United States [District Court](/usc/28/451.md) for the District of Columbia shall be the District of Columbia.
- (c) The official duty station of the judges of the United States Court of International Trade shall be New York City.
- (d) The official duty station of each [district](/usc/28/451.md) judge shall be that place where a [district court](/usc/28/451.md) holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.
- (e) The official duty station of a circuit judge shall be that place where a circuit or [district court](/usc/28/451.md) holds regular sessions at or near which the judge performs a substantial portion of his judicial work, or that place where the Director provides chambers to the judge where he performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.
- (f) The official duty station of a retired judge shall be established in accordance with [section 374 of this title](/usc/28/374.md).
- (g) Each circuit or [district](/usc/28/451.md) judge whose official duty station is not fixed expressly by this section shall notify the Director of the Administrative Office of the United States Courts in writing of his actual abode and official duty station upon his appointment and from time to time thereafter as his official duty station may change.

# §457. Records; obsolete papers


The records of [district courts](/usc/28/451.md) and of courts of appeals shall be kept at one or more of the places where court is held. Such places shall be designated by the respective courts except when otherwise directed by the judicial council of the circuit.

Papers of any court established by Act of Congress which have become obsolete and are no longer necessary or useful, may be disposed of with the approval of the court concerned in the manner provided by sections 366–380 of Title 44 and in accordance with the rules of the Judicial Conference of the United States.


# §458. Relative of justice or judge ineligible to appointment

- (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)](#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](/usc/28/451.md), the court of a single [judicial district](/usc/28/451.md); 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)](/usc/28/371.md?p=b); and
      - (ii) shall not include a retired judge, except as described under [clause (i)](#b-1-B-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-1-A).

# §459. Administration of oaths and acknowledgments


Each justice or [judge of the United States](/usc/28/451.md) may administer oaths and affirmations and take acknowledgments.