Friday, May 27, 2022

Representative Democratic Model- Selectable Offices Part Sixteen The Filling Of Vacancies In The State Executive Heads Of Law Enforcement- State Attorney General

Representative Democratic Model- Selectable Offices Part Sixteen 


The Filling Of Vacancies In The State Executive Heads Of Law Enforcement- State Attorney General
If a State AG cannot complete that term for any reason (removal, retirement, resignation, or death), then the State Vice-AG that the State AG earlier appointed becomes the Substitute State AG till the end of the next legislative session.

At the next legislative session, if the term of the vacated State AG has not expired, the Vice-Governor selects another individual to act as State AG  until it does expire. If the term of the vacated State AG has expires at that legislative session, the Vice-Governor nominates another individual for State AG and then the State House of Delegates/Assembly provides confirmation. An Acting State AG is subject to such nomination and confirmation after the end of the vacated State AG's term if he/she desires to remain in that position. If nominated and confirmed, the Acting State AG becomes the State AG for the entire next new term. 

The state legislatures and the State Governor should not get involved in the selection of an Acting State Attorney General. It would demonstrate direct democratic mode as involvement by too many government bodies means too much political interference. In addition, since the state legislature is closer to the People, 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.

That is why all those who act as State Attorney General can only serve the remainder of the term occupied by the previous full-time State Attorney General. 



Cliff Notes Version: If State Attorney General vacates, the State Vice-Attorney General who a State Attorney General earlier appointed becomes the Substitute State Attorney General till the end of the next legislative session.

The State Vice-Governor selects a new individual to serve as Acting State Attorney General until the term of last full-time State Attorney General expires after the end of the next legislative session. If that term expires at the end of the next legislative session, the State Vice-Governor at that legislative session nominates a new individual to serve as State Attorney General and then the State House of Assemblypersons/Delegates provides confirmation. 

The Acting State Attorney General, upon completion of the vacated State Attorney General's term, is then subject to the nomination and confirmation process. If nominated and also confirmed, that individual becomes the State Attorney General for the entire next new term.

State legislatures and State Governors should not get involved in selecting the Acting State Attorney General. That would demonstrate direct democratic involvement. This non-political position can only serve the remainder of term occupied by its vacated regular officeholder.

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