Representative Democratic Model- Selectable Offices Part Thirty-Two What The Terms Of Substitution Should Be As Vacancies Occur

Representative Democratic Model- Selectable Offices

Part Thirty-Two

What The Terms Of Substitution Should Be As Vacancies Occur

1. Mayor/County Chairman duties are taken over by Vice-Mayor/Vice-County Chairman till the term of the vacated Mayor/County Chairman expires.

2. All Bureaucratic Department Heads' duties are taken over by the Head Assistant, originally appointed by the Department Head, until the next legislative session convenes. This Head Assistant becomes the Substitute Bureaucratic Department Head.

If the term of the vacated Department Head expires at that time the next legislative session convenes, the head executive nominates and the legislative body confirms the next Bureaucratic Department Head. If the term of the vacated Department Head expires after the time the next legislative session convenes, the head executive unilaterally selects the Acting Bureaucratic Department Head to serve as such for the rest of the vacated Bureaucratic Department Heads' term. The Substitute Bureaucratic Department Head is not eligible to be nominated for either Bureaucratic Department Head or Acting Bureaucratic Department Head.

At the completion of the term of that vacated Bureaucratic Department Head by the individual acting as such, the head executive nominates an eligible individual (such as but not limited to the Acting Bureaucratic Department Head) to become the Bureaucratic Department Head. With the confirmation of the legislative body, that position is chosen.

3. DOJ Head Executive, State Police Chief, and Locality Police Chief will have the following serve till the next legislative session as their substitutes if they vacate. These substitutes would be Head Assistants to these Department Heads already chosen by these Department Heads only.

At the next legislative session, the head executive will unilaterally choose acting heads of these departments to serve until the end of the term of that vacated department head expires. If that term of such vacated individual expires at the time the next legislative session convenes, then the normal nomination and confirmation process in choosing these department heads takes place. A substitute department head is not eligible to serve as acting or as actual head of these investigative law enforcement departments.

The heads of the investigative law enforcement departments are closer to the People than the heads of the prosecutorial law enforcement. That is why the head executive (local, state, and federal) either unilaterally selects these acting department heads or

nominates the candidates for investigative law enforcement department heads. The head executives are closer to the people than the vice-head executives and therefore they must be directly involved in such choosing.

4. Attorney Generals (federal and state) and Locality Prosecutors will have the following serve till the next legislative session as their substitutes if they vacate. These substitutes would be Head Assistants to these Department Heads already chosen by these Department Heads only.

At the next legislative session, the head executive will unilaterally choose acting heads of these departments to serve until the end of the term of that vacated department head expires. If that term of such vacated individual expires at the time the next legislative session convenes, then the normal nomination and confirmation process in choosing these department heads takes place. A substitute department head is not eligible to serve as acting or as actual head of these prosecutorial law enforcement departments.

The heads of the prosecutorial law enforcement departments are more distant to the People than the heads of the investigative law enforcement. That is why the vice-head executive (local, state, and federal) either unilaterally selects these acting department heads or

nominates the candidates for prosecutorial law enforcement department heads. The vice-head executives are more distant to the people than the head executives and therefore they must be directly involved in such choosing.

5. Trial Court Judges (federal and state) will have the following serve till the end of the next legislative session as their substitutes if they vacate. These substitutes would be Assistant Trial Court Judges pre-selected by the House Speaker (federal and state) at the beginning of the new term of any trial court judge.

At the next legislative session, if the term of the vacated trial court judge has not expired, the head executive (federal and state) will unilaterally choose acting trial court judge (federal and state) to serve until the expiration of the term of that vacated trial court judge (federal or state). If that term of such vacated trial court judge expires at the time the next legislative session convenes, then the normal nomination and confirmation process in choosing the next trial court judge (federal and state) takes place. A substitute trial court judge is not eligible to serve as acting or as actual trial court judge (federal and state).

Once the term of a vacated trial court judge expires and if the Acting Trial Court Judge is presiding, then he/she along with other eligible individual(s) are eligible for nomination and confirmation of Trial Court Judgeship and then serve its next full new term.

Trial Court Judges (federal or state) are closer to the People than Appellate Court Judges (federal and state). That is why House Speaker either unilaterally selects these Assistant Trial Court Judges who only are eligible to serve as Substitute Trial Court Judges. The house speaker of the lower legislative house (federal or state) is more closer to the People than the vice-head executive and therefore they must be directly involved in such choosing.

6. Appellate Court Judges (federal and state) will have the following serve till the end of the next legislative session as their substitutes if they vacate. These substitutes would be Assistant Appellate Court Judges pre-selected by the vice-head executive (federal and state) at the beginning of the new term of any appellate court judge.

At the next legislative session, if the term of the vacated appellate court judge has not expired, the head executive (federal and state) will unilaterally choose acting appellate court judge (federal and state) to serve until the expiration of the term of that vacated appellate court judge (federal or state). If that term of such vacated appellate court judge expires at the time the next legislative session convenes, then the normal nomination and confirmation process in choosing the next appellate court judge (federal and state) takes place. A substitute appellate court judge is not eligible to serve as acting or as actual appellate court judge (federal and state).

Once the term of a vacated appellate court judge expires and if the Acting Appellate Court Judge is presiding, then he/she along with other eligible individual(s) are eligible for nomination and confirmation of the Appellate Court Judgeship and then serve its next full new term.

Appellate Court Judges (federal or state) are more distant to the People than Trial Court Judges (federal and state). That is why Vice- Head Executive either unilaterally selects these Assistant Appellate Court Judges who only are eligible to serve as Substitute Trial Court Judges. The President of the upper legislative house aka vice-head executive (federal and state) is more distant to the People than the house speaker (state and federal) and therefore they must be directly involved in such choosing.

Neither Appellate Court Judge nor Trial Court Judge should choose the substitute for the court in which he/she presides. No judges should also never choose other officials as the judiciary is required to be a passive branch of government. The Bar Associations, which should not even be in existence, should not choose this substitute or any judge for that matter. Moreover the selection and choosing of judges should never be based on judicial staff/colleague approval. All the foregoing would demonstrate too much Imperial Democratic Republic mode.

The selection of judges have to be the most insulated from Populist appeals. Obviously direct electorate of judges or the sole choosing of any actual judge (trial and appellate) by any executive officeholder should be prohibited as that would constitute direct democratic mode.

Judges, working directly with the law since they help to apply it directly, have much authority. Discretion has to be utilized the least in the judiciary for that reason. Otherwise tyranny will become the manifested result.

Cliff Notes Version: If Mayor/Vice-County Chairman leaves, the Vice-Mayor/Vice-County Chairman assumes his or her duties till the next Mayor/County Chairman is chosen.

Bureaucratic Department Heads are replaced, if they leave the office as vacant, by their leading assistants. The leading assistants serve until they are either replaced. The next legislative session usually decides that who the replacement (acting or actual) will be.

Substitutes for investigative law enforcement and prosecutorial law enforcement serve till next legislative session. The former is closer to the People than the latter.

The substitutes (federal and state) for trial court judge and appellate court judge serve till the end of the next legislative session. The house speaker picks the substitute for trial judge while the vice-head executive does the same for appellate court judge.

No judge should ever pick a substitute. Judges work most directly with the law by helping to directly apply it. They have to be most insulated. Choosing his/her court's substitute or even a staff member means they have utilized too much discretion. Discretion has to be utilized the least in the judiciary. Otherwise it will become Imperial Democratic Mode which will result in tyranny.