Opposition parties and civil liberties groups have criticised the manner in which Minister for Justice Michael McDowell is seeking to appoint members to the new Garda Ombudsman Commission.
It is understood Mr Justice Kevin Haugh will chair the new commission after an approach from the Minister.
However, following an Irish Times report that Mr Justice Haugh has been approached to chair the new commission, the Green Party and the Irish Council for Civil Liberties (ICCL) criticised the "lack of transparency" that could undermine public confidence in the body.
Aisling Reidy, director of the ICCL, said the lack of an independent and robust appointment system was a "damaging start" for the commission.
"While we have full regard for a respected justice such as Justice Haugh, if the office is to garner the public confidence essential to its success Justice Haugh will find himself at a disadvantage as a result of the process chosen by the Minister."
Green Party justice spokesman Ciarán Cuffe said: "It's crucial that we have confidence in the commission, and part of this is having an appointments process that is transparent and open.
"While I've tremendous respect for the individual [Mr Justice Haugh], this sends out the wrong signals."