The Northern Ireland Policing Board has been warned it could be at risk of legal action if politicians are involved in the appointment of the next PSNI Chief Constable.
The legal advice follows comments by Sinn Féin leader Mary Lou McDonald that she did not believe any current senior PSNI officer is up to the job.
PSNI Chief Constable George Hamilton will retire in June.
His successor is due to be appointed by the Policing Board, but the recruitment process has not started yet.
Ms McDonald has been accused of undermining the process with her remark last month that she could not identify any internal PSNI candidate who could do the job.
The interview panel would normally include representatives of Northern Ireland's five main political parties, including Sinn Féin.
Lawyers asked by the Policing Board to advise on the issue have said there could be a legal "vulnerability" if political members sit on the panel.
They said there would be a risk that an unsuccessful internal PSNI candidate could sue on the grounds that the process was not impartial.
Board members will meet the lawyers tomorrow to seek clarification and to discuss possible options.
But policing and political sources say it is highly unlikely the process will not involve politicians because of the importance of cross-party support for the PSNI.
There is also a risk that politicians on the board could take legal action if they are excluded.
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Ms McDonald said the job of recruitment of the Chief Constable lies in the hands of the Policing Board.
She said: "That has always been the case. They have recruited before, they will recruit again.
"I think that they need to left to do that job. That is not within my jurisdiction. I have no authority or influence in that regard."
Ms McDonald said her concern has been for families and "in this particular instance, families from the Sean Graham bookies. The deaths that happened there and the related deaths, and the fact that significant information was kept from the Policing Ombudsman, that to me is outrageous.
"There has been no credible, plausible reason or explanation offered up for that.
"It is a cause of great concern for me but more importantly for the families and it is something that we need to sort out and need to get to the bottom of."
Additional Reporting Conor McMorrow
