In the Grafton Township separation of powers case the term “advise and consent” came up.
There was so much questioning and testimony, I can’t remember who brought up the subject, but the context was whether the township supervise can dismiss counsel which has been approved by the township board.
Trustees’ attorney Keri-Kyn Kraftherfer, of course, argued on the stand that the attorney can’t be fired without approval of the township board.
When asked by her law partner Thomas DeCianni, about her services being terminated by Supervisor Linda Moore, she replied,
“In my opinion, they weren’t terminated.”
This morning I was discussing that part of the case and the Federal analogy hit me.
Although cabinet secretaries, including the Attorney General, the government’s top lawyer, who heads of the Justice Department, are confirmed by the United States Senate, they serve at the pleasure of the President.
If the President wants to fire a department head, he or she is gone.
Just like that.
The President then appoints a replacement, who serves in an interim appointment until Congress confirms or rejects his replacement nominee.
Krafthefer argues that she serves until the Trustees approve a replacement.
Which approach do you think Judge Michael Caldwell will take?
Do you think this aspect of the case might be appealed, regardless of the decision?