No Appointments by Rogue Judges Act

Bill Summary: HR 4984 - No Appointments by Rogue Judges Act

Overview

The No Appointments by Rogue Judges Act (HR 4984) is a targeted piece of legislation designed to limit the authority of the judiciary regarding the appointment of interim United States Attorneys. The bill seeks to amend existing federal law to remove specific mechanisms that allow for judicial appointments of prosecutors when a vacancy occurs.

Purpose and Intent

The primary intent of this bill is to restrict the ability of federal judges to appoint acting U.S. Attorneys. By removing these provisions from the U.S. Code, the bill aims to ensure that the appointment of top federal prosecutors remains aligned with specific statutory time limits and executive or legislative oversight, preventing what the sponsors characterize as "rogue" judicial appointments.

Key Provisions

The bill proposes a direct amendment to Section 546 of Title 28, United States Code, which governs the filling of vacancies for United States Attorneys:

• Limitation of Vacancy Triggers: It modifies subsection (c)(2) to clarify that the expiration of time limitations under section 3346 is a primary trigger regarding vacancies.
• Elimination of Judicial Appointment Authority: Most significantly, the bill strikes subsection (d) in its entirety. Subsection (d) currently provides the legal basis for the Attorney General to appoint a judicial officer (or for a court to appoint an interim official) to serve as a U.S. Attorney when a vacancy exists.

Who is Affected?

• The Federal Judiciary: Federal judges would lose the statutory authority to be appointed as, or appoint, interim U.S. Attorneys.
• The Department of Justice (DOJ): The Attorney General’s flexibility in filling immediate vacancies through the judicial system would be curtailed.
• U.S. Attorneys' Offices: The process for filling vacancies in various districts would be restricted to the remaining legal pathways (typically Presidential appointment and Senate confirmation, or specific DOJ interior appointments).

Procedural Status

• Introduced: August 15, 2025
• Current Status: Referred to the House Committee on the Judiciary.
• Sponsor: Co-sponsored by Rep. Nancy Mace.

Impact Analysis

If passed, this bill would create a more rigid structure for filling vacancies in the U.S. Attorney's offices. By removing the "judicial safety valve" found in subsection (d), the bill ensures that interim leadership in federal prosecutorial districts cannot be established via the judiciary. This would likely increase the pressure on the Executive Branch to fill vacancies promptly via the traditional confirmation process to avoid prolonged leadership gaps in federal districts.