This bill clarifies that temporary appointments for United States Attorneys expire according to existing time limits and repeals an outdated provision regarding vacancies.
Nancy Mace
Representative
SC-1
The No Appointments by Rogue Judges Act amends federal law concerning temporary appointments for United States Attorneys. This legislation clarifies that temporary service automatically terminates when the time limits specified in Section 3346 expire. Additionally, the Act repeals subsection (d) of Section 546 of title 28 of the U.S. Code, removing an existing provision related to U.S. Attorney vacancies.
This bill, officially titled the “No Appointments by Rogue Judges Act,” takes a very specific, technical approach to federal legal administration. It focuses on clarifying the rules governing temporary appointments for U.S. Attorneys—the chief federal prosecutors in specific districts across the country. The core change is simple: it amends Section 546 of title 28 of the U.S. Code to ensure that any temporary appointment for a U.S. Attorney automatically terminates when the time limits set in Section 3346 expire. Think of it as putting a hard expiration date on the temporary leadership, ensuring these roles don’t linger in limbo.
For most people, the difference between a temporary and a permanent U.S. Attorney might seem like bureaucratic noise. But these are the top lawyers overseeing federal criminal and civil cases in your area—everything from drug trafficking to corporate fraud. When a U.S. Attorney position becomes vacant, the law allows for a temporary replacement. This bill clarifies that the temporary service must stop once the deadlines in Section 3346 are hit. This is a procedural move designed to force the issue: either a permanent appointment needs to be made, or the position needs to be handled according to the existing succession rules. It’s about creating administrative certainty and preventing temporary leadership from becoming semi-permanent.
Beyond setting the expiration date, the bill also completely repeals subsection (d) from the existing law governing U.S. Attorney vacancies (Section 546). Now, the text doesn't tell us what was in subsection (d), but getting rid of an existing rule always raises an eyebrow. In the context of government administration, every deleted subsection potentially removes a previous procedural step or safeguard related to how these vacancies were handled. While the intention might be streamlining, it’s worth noting that the law is shedding a piece of its historical administrative structure regarding these critical federal positions.
Here’s where the bill gets interesting—and a little confusing. The title, “No Appointments by Rogue Judges Act,” is highly charged, suggesting the legislation tackles judicial misconduct or overreach. However, the actual text deals exclusively with administrative deadlines for temporary appointments and the removal of a subsection. It doesn't mention judges, judicial conduct, or any specific judicial appointments. The real-world impact of the bill is purely procedural, affecting the Department of Justice’s internal mechanics for managing temporary leadership. If you were expecting a bill about judicial reform based on the title, the actual contents are far more focused on setting clear expiration dates for federal prosecutors’ interim terms.