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.

-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."