Major advanced nations guarantee term of heads of law authorities

Heads of law enforcement authorities in major advanced countries, including the U.S., Europe and Japan, are generally assured of political independence and their terms in office, irrespective of the transition of administrations.

In the U.S., the chief of such organizations oftentimes continues to serve a long term, irrespective their official terms, as long as they have competence and capability. The most notable is Robert Mueller, former director of the Federal Bureau of Investigation who served the post for 12 years through the terms of two presidents. Having been appointed by former President George W. Bush on Sept. 4, 2001, just before the 9/11 terrorist attacks in the U.S., Mueller was credited for expanding and transforming the FBI from an anti-crime agency to an anti-terrorism organization.

Since his inauguration in February 2009, President Barack Obama not only guaranteed Mueller’s 10-year term in office, but also extended the latter’s term by two years. After serving as the FBI chief for 12 years, Mueller handed over the post to its incumbent FBI Director James Comey. John Hoover (1895-1972), who served as the agency’s chief for 48 years from 1924 to 1972 when he died, earned the nickname “lifetime FBI director.”

Mansfield Smith-Cumming, the first director of M16, the spy agency in charge for foreign intelligence under the U.K. foreign ministry, led the organization for 14 years from 1909 to 1923, when he died. Hugh Sinclair, the second director of the agency, served on the post for 16 years, and Stewart Menzies, the third chief, headed the organization for 13 years. Vernon Kell, the first director of MI-5, served on the post for 31 years from 1909 to 1940. Since the enactment of the national security ministry act in 1989, and the intelligence ministry act in 1994, the heads of the two organizations have served their terms of five years, irrespective of transition of administrations.

Reinhard Gehlen, the first director of BND, the German agency in charge of domestic and international intelligence, served on the post for 12 years, and Gerhard Wessel, the second director, headed the organization for 10 years. Since then, the BND chief post has been guaranteed of five- to six-year term each on average.

In Japan, all of the so-called political posts that are taken by lawmakers, including ministers, vice ministers, and political affairs officers at various ministries, are replaced en masse with the inauguration of a new prime minister. However, the heads of major law enforcement organizations, whose terms are guaranteed as civil servants, are assured of their two to three-year term each as matter of practice. Notably, as for the chief prosecutor (prosecutor general) post, Hiroshi Obayashi, who resigned in 2010 only six months after inauguration to take responsibility for evidence manipulation by the special investigation department of the Osaka district prosecutors’ office, is the only one since World War II who has stepped down half way through his term, which illustrates the political independence of the post. Hiroshi Ozu, incumbent chief prosecutor, was inaugurated on July 20 last year, when the Democratic Party of Japan was in power, but he continues to serve his term in office under the incumbent administration of the Liberal Democratic Party.