Gov loses again on judge
Weeks after panel shuns top court pick, full Senate does same
ALBANY — Judgment Day came Wednesday for Hector LaSalle, Gov. Hochul’s embattled chief judge pick, who was rejected again to lead the state’s high court, this time by a vote of the full Democrat-led Senate.
The 39-20 vote against installing LaSalle as the head of the state’s sprawling court system was an unprecedented rebuff following weeks of conflict over the nomination, questions about constitutional duty, a Republican-backed lawsuit and infighting among Dems.
LaSalle was first rejected by the Senate Judiciary Committee last month.
However, Hochul, a Democrat, and supporters refused to accept that as a formal denial, arguing that Senate Democrats failed to follow rules laid out in the state Constitution requiring a vote by the full chamber.
Complicating matters, Sen. Anthony Palumbo (R-Suffolk) filed a lawsuit last week seeking to force a floor vote.
“The nomination was brought to the Senate floor, as has been requested for weeks, and unsurprisingly it did not prevail,” Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) said following Wednesday’s vote. “There should be no further questions about the viability of this nomination.”
It’s the first time in state history that a governor’s pick for chief judge has been rejected by lawmakers since the current process has been in place since 1977.
LaSalle, who would have been the state’s first Latino chief judge if confirmed, faced fierce pushback from a wide range of opponents who argued the former prosecutor’s judicial records showed him to be anti-union, anti-reproductive rights and overall too conservative for the post.
The committee vote last month followed a bitter public battle over LaSalle’s judicial record as progressive lawmakers, union leaders and other advocates vocally opposed his appointment.
LaSalle, who was in the chamber as lawmakers determined his fate, currently serves as the presiding justice of the 2nd Appellate Division in Brooklyn.
Hochul, who remained staunchly in LaSalle’s corner throughout the protracted process, appeared to have anticipated the loss.
“This vote is an important victory for the Constitution,” the governor said in a statement. “But it was not a vote on the merits of Justice LaSalle, who is an overwhelmingly qualified and talented jurist.”
Only one Democrat, Sen. Monica Martinez of Suffolk County, voted with Republicans in favor of LaSalle’s nomination. Two other Dems, Sens. Luis Sepulveda of the Bronx and Kevin Thomas of Nassau County, both of whom had expressed support for the jurist, were absent.
Sen. Mario Mattera of Suffolk County was the only Republican to break with his conference and vote against the nomination on the floor.
While the governor repeatedly said in recent weeks she was weighing her legal options, her office never moved forward with suing the Senate to force a floor vote.
Instead, Palumbo, the ranking Republican on the Judiciary Committee, filed suit against the 10 Dems who rejected LaSalle last month.
The lawsuit also named Stewart-Cousins, who signed off on a letter to the governor notifying Hochul of the rejection.
A hearing in the case is still scheduled for Friday in Suffolk County Supreme Court, and Palumbo said he has no plans to withdraw the suit.
“It’s really something that continues to be a matter of importance and that, I believe, is why we are proceeding with the lawsuit,” he said.
Senate Minority Leader Robert Ortt (R-Lockport) slammed Dems for stalling on bringing the nomination to a floor vote.
“Senate Democrats are conceding defeat in their fight against fulfilling their obligations under the state Constitution,” Ortt said. “This is an embarrassing but not surprising defeat for a conference that has repeatedly shown a blatant disregard for the Constitution.”
Prior to Wednesday’s vote, Democrats had maintained that the state Constitution not only instructs that the governor get the “advice and consent” of the Senate on nominations but also grants each house in the Legislature the power to set its own rules.
LaSalle was one of seven candidates submitted to Hochul by the state Commission on Judicial Nomination following the sudden resignation of former Chief Judge Janet DiFiore last July.
Several lawmakers, including state Sen. Brad Hoylman-Sigal (D-Manhattan), the Judiciary Committee chairman, called on the commission to include candidates with diverse backgrounds, such as civil rights attorneys, public defenders and tenant advocates, when compiling recommendations over the summer.
The state’s top court has faced criticism in recent years as a quartet of conservative-leaning judges led by DiFiore dominated decisions from the seven-member panel.
The Senate’s rejection on Wednesday restarts the process all over, and Hochul must wait for the Commission on Judicial Nomination to send her a new short list of potential nominees.
Hochul said she will “work toward making a new nomination.”
“I remain committed to selecting a qualified candidate to lead the court and deliver justice,” she added.