Representative Democratic Model- Selectable Offices Part Twenty-Five The Filling Of Vacancies For Locality Prosecutor aka District Attorney aka Commonwealth Attorney:

Representative Democratic Model- Selectable Offices

Part Twenty-Five

The Filling Of Vacancies For Locality Prosecutor aka District Attorney aka Commonwealth Attorney:

If a Locality Prosecutor cannot complete that term for any reason (removal, retirement, resignation, or death), then the Head Assistant Locality Prosecutor who a Locality Prosecutor earlier appointed becomes the Substitute Locality Prosecutor for 120 days or till the next legislative session, which ever comes later.

If the term of the vacated Locality Prosecutor expires before that transition period, the Vice-Mayor/Vice-County Chairman nominates another individual to serve as Locality Prosecutor. The local legislature provides confirmation.

If the term of the vacated Locality Prosecutor expires after that transitionary period, the Mayor/County Chairman either nominates that Substitute Locality or someone else for the Acting Locality Prosecutor position. The Acting Locality Prosecutor serves till the end of the term of the vacated Locality Prosecutor.

If the local legislature is tied in its confirmation process, the Mayor/County Chairman can provide the tie-breaking vote. If the nominee is still not confirmed, then the Vice-Mayor/Vice-County Chairman must continue to nominate other candidates until a nominee achieves confirmation (majority approval) by the local legislature with Mayor/County Chairman's participation if that participation is needed.

The Acting Locality Prosecutor can become the Locality Prosecutor for the entire next new term if nominated, confirmed, and if he/she desires that position.

The Mayor/County Chairman should not participate in the choosing of the Locality Prosecutor except only to break a local legislative tie. Too much political involvement by too many different political entities demonstrates direct democratic mode. The choosing of any acting officeholder must be less political than the choosing of the regular officeholder. An acting officeholder must always be more shielded from populism than the regular officeholder.

Moreover the Mayor/County Chairman should be prohibited from this process for another main reason. The Mayor/County Chairman has a much more active role than the Vice-Mayor/Vice-County Chairman. His/her official duties and its execution will be much more scrutinized than the duties of a Vice-Mayor/Vice-County for strict compliance of the law. Therefore only the Vice-Mayor/Vice-County and not the Mayor/County Chairman can nominate the candidate for Locality Prosecutor. This measure is needed to limit conflict of interests.

Cliff Notes Version: The Head Assistant Locality Prosecutor who a Locality Prosecutor earlier appointed becomes a temporary substitute Locality Prosecutor for 120 days or till the next legislative session, which ever comes later.

After that transitionary period, if the term of the vacated judge has not expired, the Mayor/County Chairman retains that Substitute Locality Prosecutor or he/she finds another eligible individual to act as Locality Prosecutor. That Acting Locality Prosecutor serves until the term of the last full-time Locality Prosecutor expires. When that term expires, the Acting Locality Prosecutor can apply to become the Locality Prosecutor. He/she must be subject to the nomination and confirmation process.

After that transitionary period, if the term of the vacated judge has expired, the Vice-Mayor/Vice-County Chairman nominates another individual to serve as Locality Prosecutor. The majority of members in the Locality Legislature must confirm that nomination in order for that nominee to be confirmed. If there is a tie in the confirmation process, the Mayor/County Chairman can cast the vote that provides confirmation.

The choosing of any acting officeholder has to be more non-political than the choosing of an officeholder. Involvement from too many government bodies means direct democratic mode. This means too much political interference.

The choosing of any law enforcement official has to be more non-political than the choosing of an officeholder. That is why a passive head executive has to nominate the eligible individual for Locality Prosecutor to avoid conflicts of interests.