Hochul Says New York State Senate Committee Can’t Block Hector LaSalle’s Trial Choice

Gov. Kathy Hochul says the full State Senate should vote to nominate Hector LaSalle for Chief Justice of New York – regardless of what his Judiciary Committee decides – but she may have to sue her fellow Democrats. to achieve this.

“The New York State Constitution is clear: The New York State Senate must advise and give consent to the governor for her appointment,” Hochul told reporters in Albany after an unrelated event Thursday.

Her stance that the committee cannot legally block LaSalle puts her at odds with State Senate Majority Leader Andrea Stewart-Cousins, Judiciary Chairman Brad Hoylman (D-Manhattan), and a growing list of Democratic state senators who believe that if the committee rejects LaSalle, his nomination is dead.

“What happens on committees matters,” Stewart-Cousins ​​told reporters earlier this week.

The Hall nomination would allow Hohul to assemble a coalition between the Republicans in their 21-member minority conference and enough fellow Democrats in their 42-seat supermajority to get the 32 votes LaSalle needed for House confirmation.

A majority of committee members are expected to vote against his approval at a hearing scheduled for Wednesday, which could set the stage for a looming showdown between Hohul and progressive senators who say past decisions show LaSalle is too conservative.

Hochul, her lawyer and legal experts say the committee should not recommend LaSalle, arguing that the Constitution and state law limit the newly expanded 19-member committee that must submit the nomination.

“The Governor shall appoint, with the advice and consent of the Senate, from among persons recommended by the Judicial Nomination Committee, a person to fill the office of Chief Justice or Associate Justice, as the case may be, whenever there is a vacancy in the Court of Appeal,” reads the Constitution. state.

Some experts say that the use of the word “Senate” can only mean the body as a whole.

“This has to go to a full vote – the committee can hold a hearing and give a report, but they don’t seem to have the power to unilaterally reject a candidate,” said lawyer Leslie Silva, a partner at Tully Rinckey. Thursday post.

“The New York State Constitution states, ‘If the Senate rejects the appointment,’ indicating that the entire Senate must review the report and vote, not just the committee.”

The Constitution also states that the “Senate shall” vote in approving provisional Chief Justice appointments, which also suggests that the entire body must vote “yes” or “no” in all court or appellate court elections.

Former Chief Justice Jonathan Lippman said “the language is crystal clear” that the committee “has no right” to do anything other than vote to recommend or not recommend LaSalle before his candidacy is put to a full vote.

He noted that leftist Court of Appeal Judge Jenny Rivera was confirmed in 2013, although the committee chose not to recommend her.

“When Republicans or Democrats control the State Senate, it always goes to the floor, because that’s the constitutional design. I do not see in this, in my opinion, any discretion. There is constitutional responsibility,” Lippman said.

LaSalle’s supporters say his track record simply reflects his commitment to the letter of the law.

The newly elected governor dodged a question Thursday about whether she could sue the state Senate if LaSalle, who is currently head of the busy Brooklyn appeals division, does not get the vote.

“I am ready to do everything possible to get him through the committee. This person, who has been so horribly slandered, has a possibility based on a few selected cases out of 5,000,” she said.

The Judiciary Committee has never blocked a Chief Justice’s nomination for the State Senate, which has never rejected a governor’s choice.

“A legal victory is hardly guaranteed if she goes down this path, fulfilling her past vow to do everything she can to make LaSalle the first Hispanic Chief Justice in the state’s history,” said Albany Law School professor Vincent Bonventre, who has written extensively about the Court of Appeals. and state constitutional law.

“It doesn’t seem obvious that the Senate should definitely vote. It’s not clear. It can be read like this. But on the other hand, maybe,” he added.

A Stewart-Cousins ​​spokesperson did not immediately comment on Thursday following Hole’s recent announcements about a required vote on LaSalle.

Hoylman told The Post that “there is no indication in the Constitution that a full house vote is required,” he said, noting that the document also states that “each house must determine the rules of its own procedure.”

He added that while he “respected the governor’s prerogatives” in choosing the Chief Justice, the Senate has “final” say in how it handles its own affairs.

“The notion that we are starting this legislative session with a constitutional crisis seems farcical to me,” he said.

But Silva said being in the state’s equitable branch of government does not protect the State Senate from having to vote on LaSalle if the Court of Appeals ultimately rules in favor of the Hochul executive in any litigation that may arise. due to her growing struggles with fellow Albany Democrats, labor unions, and left-wing activists.

“Committees have the power to reject bills or ‘other matters’, but this does not remove the governor’s powers under the Constitution. This would seem to replace the Senate rules, but I believe it’s all up to interpretation if the case goes to trial,” Silva said.