Representative Democratic Model- Selectable Offices Part Thirty The Filling Of Vacancies For Federal Trial Court Judges:

Representative Democratic Model- Selectable Offices

Part Thirty

The Filling Of Vacancies For Federal Trial Court Judges:

If a Federal Trial Court Judge cannot complete that term for any reason (removal,retirement,resignation, or death), then the Assistant Trial Court Judge who was selected by Speaker Of The House Of Representatives at the beginning of that vacated Federal Trial Court Judge serves as Substitute Trial Court Judge until the end of the next legislative session.

If the U.S. Senate is in session within the expiration of that vacated judge's term, the President should be required to nominate a new individual to serve as a Federal Trial Court Judge with U.S. Senate confirmation. Confirmation is provided by the U.S. Senate via majority vote of its members. The Vice-President can cast a vote for a majority to be obtained.

If the term of the vacated federal trial court judge expires after the end of the next U.S. Senate session, the POTUS unilaterally selects the Acting Federal Trial Court Judge. That Acting U.S. Trial Court Judge serves the remainder of the term of the vacated judge. He/she should be subject to the process of nomination by the POTUS and confirmation by the U.S. Senate if he/she desires to remain on that bench after the completion of that term.

If nominated and confirmed, the Acting U.S. Trial Court Judge becomes the U.S. Trial Court Judge for the entire next new term. If this Acting U.S. Trial Judge is not confirmed to be U.S. Trial Court Judge, then the President must nominate another individual to be the nominee for U.S. Trial Court Judge.

The Substitute Trial Court Judge is not eligible for nomination for Trial Court Judge nor for selection as Acting Trial Court Judge.

The House Speaker or the members of the federal House Of Representatives should not get involved in the selection of an Acting U.S. Trial Court Judge. It would demonstrate direct democratic mode as involvement by too many government bodies means too much political interference.

In addition, because the House Speaker and the lower federal house members are closer to the People than the President and the U.S. Senate, their participation in this selection would be unwarranted as the choosing of any acting officeholder has to be more non-political than the choosing of an officeholder.

All those who act as U.S. Trial Court Judge have to be nominated as well as confirmed in order to serve as U.S. Trial Court Judge. The Substitute Trial Court Judge is barred from serving as both Acting and as Actual Trial Court Judge. Otherwise the lack of this ban would precipitate Democratic Imperialism due to the fact centralization of power would result. An individual serving in multiple roles is considered Imperial Democratic Mode.

Furthermore, allowing the Acting Trial Court Judge to serve longer than the remaining term without nomination and confirmation is also demonstrating Imperial Democratic Mode.

Cliff Notes Version: The Speaker Of The House Of Representatives should choose the substitute for a Federal Trial Court Judge when the Federal Trial Court Judge begins his term. Upon vacancy of the Federal Trial Court Judge, the Substitute Federal Court Judge serves until the end of the next U.S. Senate session.

If the U.S. Senate is still not in session when the vacated judge's term expires, the President should nominate another eligible individual to become the Federal Trial Court Judge and the members of the U.S. Senate should confirm via majority voting at the next legislative session. If there is a tie in the confirmation process, the Vice-President Of The United States can cast a vote for confirmation if he/she desires.

If that vacated judge's term comes due after the end of the U.S. Senate session, selection by the POTUS of a new eligible candidate takes place for Acting U.S. Trial Court Judge. The Acting Federal Trial Court Judge serves till the term of the vacated Federal Trial Court Judge expires. After the completion of that term, the Acting Federal Trial Court Judge becomes the Federal Trial Court Judge if

provided he/she is nominated by the POTUS and confirmed by the U.S. Senate.

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. At the same time, allowing substitute judges to serve as acting federal trial court judges and also not compelling acting federal trial court judges to be nominated by the POTUS and then confirmed by the U.S. Senate in order for them to become federal trial court judges is Imperial Democratic mode.