A federal appeals court on Monday ruled that Sigal Chattah’s appointment as Nevada’s acting U.S. attorney is unlawful, affirming a lower court’s decision that she lacks proper authority to serve in the role. The 9th U.S. Circuit Court of Appeals unanimously upheld the ruling while allowing Chattah to remain in the position pending a potential appeal to the Supreme Court.
The court found that Chattah, who was designated as acting U.S. attorney after her interim term expired, violated federal law by continuing to hold the office without Senate confirmation. The ruling specifically bars her from supervising or participating in three federal criminal cases, though it does not immediately remove her from the position.
Chattah was initially appointed as interim U.S. attorney in April 2025 for a term of up to 120 days. Days before her term expired, then-Attorney General Pam Bondi redesignated her as first assistant U.S. attorney, arguing this allowed her to serve under the Federal Vacancies Reform Act of 1998. The Justice Department maintained that this designation provided a legal pathway for her to remain in the role while awaiting a permanent appointment.
Federal public defenders in Nevada challenged Chattah’s authority in multiple unrelated criminal cases, arguing her appointment was unlawful and seeking dismissal of the cases. U.S. District Judge David Campbell sided with the public defenders in September 2025, prompting the Trump administration to appeal.
The appeals court rejected the administration’s argument, stating that the Federal Vacancies Reform Act does not permit the use of the first assistant designation to extend an interim appointment beyond the statutory limits. The ruling leaves open the possibility for the administration to seek review by the Supreme Court, though no such request has been filed at this time.
In February 2025, the White House nominated Las Vegas lawyer George Kelesis for the permanent U.S. attorney position. Both of Nevada’s senators have met with Kelesis, with Sen. Jacky Rosen (D-Nev.) reviewing the nomination, according to reports. The appeals court’s decision does not affect Kelesis’s nomination process.
The ruling underscores ongoing legal disputes over the use of interim appointments in federal law enforcement roles, particularly in cases where permanent nominees face prolonged confirmation delays.