A controversial committee that is supposed to select candidates for Monroe County's next public defender has yet to meet. While some critics are using the lull to pressure County Legislature leaders to revamp the committee, others worry it could mean the process will be bypassed entirely.

By the end of last week, Democrats were concerned that the Republican majority might simply appoint a public defender during the January 8 Lej meeting. Two of the judges asked to serve on the committee didn't seem to know much about the process. They said didn't know if the committee would meet or if legislators would select a new public defender on their own.

The Legislature's GOP leaders, however, say they still plan to proceed with the selection committee. "I know that this is going to be a fair and open process," says Majority Leader Dan Quatro.

If that's the case, County Legislature President Wayne Zyra's proposed bipartisan committee will see some changes. The panel was supposed to include judges, Bar Association appointees, and community members appointed by Republican and Democratic leaders. The Monroe County Bar Association withdrew, because, officials said, the committee was too political. Legislature Democrats backed out next. Minority Leader Harry Bronson and other Democrats say the group should have more community representation, particularly minority voices.

Bar Association President Tom Smith says the judges should drop out, too.

In a December 26 letter to legislators, Smith, citing opinions from the state Commission on Judicial Conduct, said that "serious ethical issues exist for any judge who participates in a legislatively-created screening panel." Judges are prohibited from serving on panels that engage in political matters or controversial public issues, he wrote.

His arguments didn't convince Surrogate Court Justice Edmund Calvaruso, a Republican, who says judges could sit on the panel if it's a civic matter and relates to the improvement of justice. Both he and Steve Lindley, a Democratic state Supreme Court justice who was also asked to serve, say that if they are called to serve on Zyra's committee, they will take a closer look at Smith's arguments.

The committee's third judge, Appellate Court Justice Nancy Smith, a Republican, did not return City Newspaper's calls for comment.