A federal judge ruled Wednesday that Ryan Ellison, New Mexico’s acting U.S. attorney, was improperly appointed and cannot serve in that role.
The decision followed a challenge from Margaret Katze, federal public defender for the District of New Mexico, to disqualify Ellison. Senior U.S. District Judge David Nuffer said Ellison may continue supervising the U.S. attorney’s office as first assistant but cannot serve as acting U.S. attorney. Nuffer also declined to dismiss any criminal indictments or remove Ellison from ongoing cases. The judge ruled Ellison’s acting appointment invalid under the Federal Vacancies Reform Act, which limits how long officials can serve in top positions without Senate confirmation.
“Even though my title has changed, my mission remains the same,” Ellison said Thursday. “As the top federal prosecutor in New Mexico, I will work tirelessly to enhance public safety for all New Mexicans. I look forward to continuing to work with public servants of all political stripes for the betterment of our state — for however long I serve.”
Katze filed a motion in September seeking to disqualify Ellison and dismiss certain indictments. She argued he was “an improperly designated acting U.S. Attorney” and that he and his team should be barred from prosecuting criminal cases in the district, according to Bloomberg News.
Alex Uballez, the former U.S. attorney for New Mexico, also weighed in: “The rule of law only works if those enforcing it follow it. When the chief federal law enforcement officer skips Senate confirmation, they break public trust. At a time when the public can’t tell whether anonymous masked men swiping people off our streets are legitimate or kidnappers, it’s dangerous for anyone to claim authority they don’t legally have.”
The motion prompted a court review, and Nuffer ruled Ellison’s acting appointment invalid but allowed him to remain as first assistant, supervising the office and ongoing cases. Katze called the ruling a “big win” but criticized letting Ellison stay, saying it gave the administration “a free pass to violate fundamental constitutional principles,” according to Bloomberg.
Federal judges have recently struck down several Trump-appointed acting U.S. attorneys for serving past statutory limits without Senate confirmation. The judges blocked Alina Habba in New Jersey, Sigal Chattah in Nevada, John Sarcone in upstate New York and Bill Essayli in California from acting in the top federal role, though courts often allowed them to remain in lesser positions, such as first assistant, to maintain office continuity.