Oaths of Office for Federal Judges:

Statutes Defining Legal Custodian


5 U.S.C. 3331:



§ 3331. Oath of office


Release date: 2004-01-16


An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic;  that I will bear true faith and allegiance to the same;  that I take this obligation freely, without any mental reservation or purpose of evasion;  and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.


[italics added for emphasis]



5 U.S.C. 2906:



§ 2906. Oath;  custody


Release date: 2004-01-16


The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains.


[bold added for emphasis]



28 U.S.C. 453:



§ 453. Oaths of justices and judges


Release date: 2003-05-15


Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office:  “I, XXX XXX, 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 XXX under the Constitution and laws of the United States.  So help me God.”


[italics added for emphasis]


Sample Appointment Affidavit (OPM Form 61) required by 5 U.S.C. 3331:





Sample Oath of Office as required by 28 U.S.C. 453:




[See language of 5 U.S.C. 3331 supra, i.e. “This section does not affect other oaths required by law.”]