Credentials or Connections? The Public Defender Selection
Monroe County will need a chief public defender on Jan. 1, and the question emerging is: Will the county make the appointment based on credentials or connections?
Why is this even a question?
Credentials or connections? Michael Brown at FEMA. Harriet Miers for Supreme Court, Alberto Gonzales for AG, Virtually anyone working for Paul Bremer in the Iraq Provisional Authority or whatever it was called. Those are the first thoughts that come to mind when I hear that connections trump credentials.
Locally - Connections get you on the very partisan COMDIA and the Water Authority boards, and the Water Authority case gets you reappointed.
The article in the D&C today discusses the merits of a pure County legislature appointed Public Defender or an appointment based on the recommendations of an independent committee (Like the one who recommended for appointment the popular and highly competent Ed Nowak 30 years ago).
The last selection committee included three members of the bar association, three sitting judges and three community members.
I would add: Learn from the Rochester School district search for a Superintendent and have open public hearings. The public should have access to those hearings whether or not the legislature or an independent panel appointed by the legislature holds them.
Have those hearings publicly in the chamber. Anyone who is interested should float their resume to the public and the bipartisan panel. Got that? A bipartisan panel should question the candidates.
The new legislators (Gumina and Beebe) will not be in office at that time, but the January make up of the legislature should be reflected. The Legislature will be nearly evenly split. A 15-14 GOP majority.
The majority GOP has an opportunity to really show how bipartisan it can be and not simply just a body that appoints well-connected partisans to the Water Authority or COMIDA.
If county lawmakers choose a new chief defender based on his or her qualifications, they will be in good company. National and state legal associations recommend a merit selection process.
“Obviously there should be merit selection,” said Charles O’Brien, managing attorney of the New York State Defenders Association.
County Executive Maggie Brooks called Edward Nowak’s departure “a huge loss” but did not have details about the selection of Nowak’s replacement, saying it is an appointment of the legislature.
In the kids game - rock, paper, scissors- Rock beats scissors.
In the very real adult game - Credentials beat connections. Public beats Private too.
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I was actually happy to see this article - seems like the D&C is maybe getting out in front of the news a llittle and possibly (possibly) trying to make sure that there’s a process instead of a midnight appointment and then some second-guessing after it’s too late.
[...] occasionally, they come out with something that’s right on target.ÂÂ stlo7 was the first to raise the issue in RT, mid-November: ÂÂ From today’s D&C Monroe County will need a chief public defender on [...]
[...] have already covered the Public Defender selection debate - and highlighted where we agree with the [...]