Legislature President Sabrina LaMar says Robert Fogg is her choice for public defender

Flanked by some Black clergy, Monroe County Legislature President Sabrina LaMar Wednesday said she is recommending that Buffalo lawyer Robert Ross Fogg be voted in as the county's next public defender.

The process, which is not yet over, has been riven by controversy, with Democrats accusing LaMar of a heavy-handed politically-driven process. But LaMar said Wednesday that she, instead, relied on a committee of local lawyers and community activists to narrow down the selection, then chose Fogg, who was identified as the lone unanimous choice of the selection committee.

Fogg joined her at the news conference.

The Legislature still must vote on a public defender selection. Democrats, who have been supportive of Assistant Public Defender Julie Cianca for the job, have earlier indicated that they had enough GOP support for Cianca to be named. However, the process required LaMar to bring a choice to a vote.

Fogg and Cianca were the two finalists from a selection committee.

If chosen, Fogg would be the second Black public defender. (Some have wrongly claimed he would be the first; Charles Willis, who went on to be a state Supreme Court justice, was the first.)

On Wednesday, LaMar stressed Fogg's criminal defense work in private practice and his role as a "conflict defender" for the indigent in Niagara County. Conflict defenders represent accused individuals when a public defender's office can't because of a conflict.

"Mr. Fogg was the only candidate to have unanimous support in both rounds of voting (by the selection committee)," LaMar said. "Mr. Fogg has experience with violent felonies, non-violent felonies, misdemeanors, violations, family court, appeals, and parole issues."

LaMar said that Mr. Fogg could also help bolster the diversity of the office, which, like many other public sector law offices, has struggled to keep people of color in its ranks.

"We have an opportunity to begin to bring diversity to the office, because the commitment to diversity in any organization must begin at the top," she said.

Fogg said that he has no political allegiances, and would bring an outsider's fresh perspective to the office.

"It should be independent of political pressure and it should be an advocate for the people," he said.

Fogg also said he has met with lawyers in the office, which, he said, is widely recognized as one of the best offices of its kind in the state.

"They're all great folks," Fogg said. "They know what they're doing."

LaMar said she hears complaints of assistant public defenders not staying in touch with clients. She also said the office has been "politicized" in recent years.

Former Public Defender Tim Donaher resigned late last year, setting up this opening. His 2008 selection was highly political, as he was pushed through the Legislature by a Republican majority. Local Black activists and lawmakers, including the late Assemblyman David Gantt, were arrested at the County Legislature protesting Donaher's selection.

LaMar invoked Gantt on Wednesday, saying she was "standing on the shoulders" of people like him who knew the importance of the Public Defender's Office, which represents thousands of indigent people.

There have not been indications since Donaher's appointment of a politically motivated office. In fact, Donaher was reappointed multiple times with heavy support of Democrats in the County Legislature.

County Legislature Democrats on Wednesday said that LaMar's news conference made it appear to some that she had the power to choose the public defender. Instead, they said, it must come to a vote.

"We look forward to exercising our right to vote as duly elected legislators and represent the constituents which we serve – anything further is political strong-arming that undermines democracy,” said Democratic Caucus Leader Yversha Roman in a statement.

County lawmakers could vote on the selection at the Aug. 9 meeting, but LaMar said it could also be brought for an earlier vote as a "matter of urgency."

Contact Gary Craig at gcraig@gannett.com. Follow him on Twitter at gcraig1. 

This article originally appeared on Rochester Democrat and Chronicle: Legislature President LaMar says Robert Fogg her choice for Public Defender