Reading Room Document

Appointment of a Member of Congress as a Judge of the U.S. Court of Appeals for the District of Columbia Circuit

This document is a memorandum opinion for the Attorney General regarding the appointment of a member of Congress to a civil office, specifically Representative Abner Mikva to a judgeship. The conclusion reached in the document is that Representative Mikva is not barred from appointment to the judgeship based on the interpretation of Article I, Section 6, Clause 2 of the Constitution. The document presents questions for review regarding the interpretation of the constitutional provision, the uncertainty of a salary increase for federal judges, and the possibility of Congress exempting the office from coverage of a salary increase. It also addresses the historical precedent of Congress enacting legislation to avoid constitutional problems related to salary increases for appointed officials.

July 11, 1979