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Last night I saw some posts on another thread stating that persons accepting recess appointments do not receive pay unless and until they are actually confirmed later by the Senate. I believe they stated that the salary would then be paid retroactively for the full time served.

I do not know if this is true or not but those posting it seemed pretty sure of themselves. If that is the case, then it puts a whole different slant on the notion of recess appointments. How many people can afford to take months, if not years, out of their lives to serve in full-time positions with no pay? Why should they be forced into that position by the 'rats? And there is nothing stopping the 'rats from refusing to confirm them even after the appointments, thus assuring that any recess appointments would be serving on a charity basis.

If any attorneys or scholars would care to comment on this, I would welcome the information.

kayak said:

"Last night I saw some posts on another thread stating that persons accepting recess appointments do not receive pay unless and until they are actually confirmed later by the Senate. I believe they stated that the salary would then be paid retroactively for the full time served.
I do not know if this is true or not but those posting it seemed pretty sure of themselves. If that is the case, then it puts a whole different slant on the notion of recess appointments. "

I haven't heard this before and I would be surprised if its true. I remember one Clinton recess appointee that ended up serving multiple years (and I seriously doubt any Clintonite would have served w/o pay).

However, even if this is the case, I think Bush could find some far right people who are already financially set for life, that would serve w/o pay at the Circuit court level. Remember, there wouldn't be any qualifications needed, so they wouldn't have to be lawyers or judges or anything else. They could just be ex-CEOs or sports stars or anything else.

I saw some posts on another thread stating that persons accepting recess appointments do not receive pay unless and until they are actually confirmed later by the Senate.

Did any of the posts cite 5 USC 5503? That is the relevant statute. The purpose of a no-pay for recess appointees statute is to enforce the Sentate's power of advice and consent.

See also Recess Appointments of Federal Judges, which discusses your question.