Notes on 28 U.S.C. § 455 : US Code - Notes

Search Notes on 28 U.S.C. § 455 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 93-512, Sec. 1, Dec.
5, 1974, 88 Stat. 1609; Pub. L. 95-598, title II, Sec. 214(a), (b),
Nov. 6, 1978, 92 Stat. 2661; Pub. L. 100-702, title X, Sec. 1007,
Nov. 19, 1988, 102 Stat. 4667; Pub. L. 101-650, title III, Sec.
321, Dec. 1, 1990, 104 Stat. 5117.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 24 (Mar. 3, 1911, ch.
231, Sec. 20, 36 Stat. 1090).
Section 24 of title 28, U.S.C., 1940 ed., applied only to
district judges. The revised section is made applicable to all
justices and judges of the United States.
The phrase "in which he has a substantial interest" was
substituted for "concerned in interest in any suit."
The provision of section 24 of title 28, U.S.C., 1940 ed., as to
giving notice of disqualification to the "senior circuit judge,"
and words "and thereupon such proceedings shall be had as are
provided in sections 17 and 18 of this title," were omitted as
unnecessary and covered by section 291 et seq. of this title
relating to designation and assignment of judges. Such provision is
not made by statute in case of disqualification or incapacity, for
other cause. See sections 140, 143, and 144 of this title. If a
judge or clerk of court is remiss in failing to notify the chief
judge of the district or circuit, the judicial council of the
circuit has ample power under section 332 of this title to apply a
remedy.
Relationship to a party's attorney is included in the revised
section as a basis of disqualification in conformity with the views
of judges cognizant of the grave possibility of undesirable
consequences resulting from a less inclusive rule.
Changes were made in phraseology.
AMENDMENTS
1988 - Subsec. (f). Pub. L. 100-702 added subsec. (f).
1978 - Pub. L. 95-598 struck out references to referees in
bankruptcy in section catchline and in subsecs. (a) and (e).
1974 - Pub. L. 93-512 substituted "Disqualification of justice,
judge, magistrate, or referee in bankruptcy" for "Interest of
justice or judge" in section catchline, reorganized structure of
provisions, and expanded applicability to include magistrates and
referees in bankruptcy and grounds for which disqualification may
be based, and inserted provisions relating to waiver of
disqualification.
CHANGE OF NAME
Words "magistrate judge" substituted for "magistrate" in section
catchline and wherever appearing in subsecs. (a), (e), and (f)
pursuant to section 321 of Pub. L. 101-650, set out as a note under
section 631 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(c) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy. For procedures
relating to Bankruptcy matters during transition period see note
preceding section 151 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 3 of Pub. L. 93-512 provided that: "This Act [amending
this section] shall not apply to the trial of any proceeding
commenced prior to the date of this Act [Dec. 5, 1974], nor to
appellate review of any proceeding which was fully submitted to the
reviewing court prior to the date of this Act."