A majority of federal judges in the Eastern District of Wisconsin declined to allow interim U.S. Attorney Brad Schimel to stay on past the expiration of his term.
A majority of federal judges in the Eastern District of Wisconsin have declined to allow former state Attorney General Brad Schimel to remain as U.S. attorney beyond the expiration of his 120-day term on March 17.
The judges issued a terse notice Monday stating that, under federal law, they “may appoint a United States attorney to serve until the vacancy is filled,” but chose not to exercise that authority.
“In doing so, the Court intends no criticism or commentary on the performance or qualifications of the Interim United States Attorney or any of the attorneys in the United States Attorney’s Office,” the notice reads. “To the credit of that office, from the Court’s perspective, it has continued to represent the citizens of this district well.”
The ruling clears the way for President Donald Trump to nominate a permanent successor, subject to Senate confirmation. Schimel, a conservative Republican appointed interim U.S. attorney by Attorney General Pam Bondi on Nov. 17, 2025, had hoped the judges would extend his tenure amid a stalled bipartisan nominating process.
Democrats, led by Sen. Tammy Baldwin, had sharply opposed any extension, calling Schimel a “clearly partisan actor.” Yet the judges’ measured language praised the office’s professional work even as they enforced the statutory limit — a decision that upholds the rule of law over political maneuvering.
Legal experts said the move reflects the judiciary’s independence and reluctance to allow indefinite interim appointments that could politicize federal prosecutions. Schimel’s term ends just weeks after he assumed the role following the removal of a Biden-era holdover.
The Eastern District, which covers Milwaukee and much of eastern Wisconsin, handles high-profile federal cases ranging from public corruption to drug trafficking. With the vacancy now formalized, attention turns to the White House and Senate to fill it with a confirmed prosecutor unburdened by the interim limbo that has clouded the office since last fall.
Schimel could not immediately be reached for comment. The Justice Department declined to respond beyond confirming the judges’ notice.
