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A recess appointment lasts until the end of the NEXT session of the Senate. In the case of Judge Pickering, that is January, 2005. Compensation for recess appointees is a matter of legislation, and is prohibited except under certain conditions, as quoted below and shamelessly stolen from "michigander" on a previous thread and copied below.

Judge Pickering falls under (a2) below. His nomination was pending before the Senate when the current recess began, but it had been prevented prevented from acting due to the filibuster. The exception to this noted in the first sentence appears to apply to a recess appointment made during a previous recess and still pending. Note that his name must be submitted for reconfirmation within 40 days of the beginning of the next session.

I do not know if this can be filibustered, but I suspect that there is neither a rule nor a precedent for doing so. And if this is the case, a ruling from the parliamentarian against a filibuster, with confirmation by a simple majority, would establish a referrable precedent for the future. Yes, this would take away a tool that republicans might regret not having in the future, but I am ready for it to be gone.

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U.S. Code
TITLE 5
PART III
Subpart D
CHAPTER 55
SUBCHAPTER I

Sec. 5503. - Recess appointments

(a) Payment for services may not be made from the Treasury of the United States to an individual appointed during a recess of the Senate to fill a vacancy in an existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until the appointee has been confirmed by the Senate. This subsection does not apply -

(1) if the vacancy arose within 30 days before the end of the session of the Senate;

(2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or

(3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment.

(b) A nomination to fill a vacancy referred to by paragraph (1), (2), or (3) of subsection (a) of this section shall be submitted to the Senate not later than 40 days after the beginning of the next session of the Senate

160 posted on 01/16/2004 2:41:59 PM CST by michigander