[Congressional Record Volume 144, Number 66 (Thursday, May 21, 1998)]
[Extensions of Remarks]
[Pages E935-E936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             INTRODUCTION OF THE JUDICIAL ANTI-NEPOTISM ACT

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                           HON. JENNIFER DUNN

                             of washington

                    in the house of representatives

                         Thursday, May 21, 1998

  Ms. DUNN. Mr. Speaker, today I am introducing legislation to preserve 
the institutional integrity of the federal courts. This bill will 
clarify the 1922 anti-nepotism law (section 458 of Title 28 of the 
United States Code) which prohibits the appointment or employment in 
any court of individuals who are related within the degree of first 
cousin to any justice or judge of that court.
  Currently, there is disagreement about whether this anti-nepotism law 
applies simply to judges' personnel decisions or whether it includes 
presidential appointments to judicial offices in federal courts.
  I believe that the law must apply to both if courts are to remain 
unbiased. It is the duty of Congress to ensure that the credibility of 
our judicial branch is not compromised. That is why I am introducing 
the Judicial Anti-nepotism Act. This legislation clarifies the intent 
of the original law to preclude the appointment of a judge to a court 
if that person is related within the degree of first cousin to any 
judge, including a judge retired in senior status, of that same court.
  If the law were not to apply to the familial relationship of judges, 
close family members would be able to serve concurrently on the same 
court, causing litigants to lose confidence in a system clearly 
designed to be objective and impartial. We simply cannot afford to let 
this happen. We must assure that federal judges are independent from 
any outside influence in order for their decisions to be completely 
impartial and based only on the laws and facts of the cases.
  I encourage my colleagues to support this bill and help uphold the 
just character and

[[Page E936]]

composition of one of our most revered institutions.

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