Ninth U.S. Circuit Court of Appeals

A federal appeals court panel upheld an order disqualifying Sigal Chattah as the top federal prosecutor in Nevada, ruling that the Justice Department could not keep her in charge through its appointment and delegation mechanisms. The Ninth U.S. Circuit Court of Appeals found that under the Federal Vacancies Reform Act, a first assistant cannot automatically become acting U.S. attorney unless they held that position when the vacancy occurred. Consequently, the panel rejected arguments regarding both designation as first assistant and general delegation of functions.

A federal appeals court panel upheld a ruling that disqualified Sigal Chattah as the top federal prosecutor in Nevada, finding that the Justice Department's appointment and delegation mechanisms were unlawful. The Ninth U.S. Circuit Court of Appeals ruled that under the Federal Vacancies Reform Act provision used by DOJ, a first assistant could not automatically become acting U.S. attorney. This disqualification means Chattah cannot supervise prosecutions in three criminal cases.