New York Senate rejects Gov. Hole’s candidacy for head of state’s highest court

New York Gov. Kathy Hochul’s candidacy for chief of the state’s highest court was rejected by a state Senate panel on Wednesday, dealing the governor a major blow after weeks of criticism from progressive activists and labor representatives over the judge’s record.

Members of the Senate Judiciary Committee voted not to refer Hector Lasalle’s candidacy to the Court of Appeal to the entire Senate after more than four hours of interrogation. A majority of Hole’s fellow Democrats voted against LaSalle.

“The nominee was thoughtful, engaged and responsive,” said Senator Brad Hoylman-Segal, chairman of the judiciary committee. “But I think there are questions.”

The governor appointed LaSalle shortly before Christmas, hoping he would be the first Hispanic to preside over a seven-member high court and oversee New York’s judiciary. The state Senate routinely approves such candidates, but Hohul’s selection ran into trouble after a vocal coalition of opponents said LaSalle’s jurisprudence was too conservative.

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Democratic senators at the hearing said they were concerned that the judge’s record showed him favoring the position of prosecutors over civil rights, and questioned him about individual decisions they considered unfair to workers and unsupportive of reproductive rights. Critics have included a number of Senate Democrats, sparking intra-party strife just as state spending and policy talks are heating up.

Hochul called the Senate hearing unfair and said she believes the state constitution requires action by the entire Senate, not just a committee.

New York Governor Chief Judge Cathy Hochul of Appellate Court nominee Hector D. LaSalle steps down after testifying before the Senate Judiciary Committee January 18, 2023, in Albany, New York.  The New York Senate rejected Hochul's candidacy for head of the court.

New York Governor Chief Judge Cathy Hochul of Appellate Court nominee Hector D. LaSalle steps down after testifying before the Senate Judiciary Committee January 18, 2023, in Albany, New York. The New York Senate rejected Hochul’s candidacy for head of the court.
(AP Photo/Hans Pennink)

“Judge LaSalle has clearly demonstrated why he is the right person for the role through his extensive experience, judicial temperament and integrity,” Hochul said in a prepared statement.

LaSalle presented himself as a product of humble origins, a supporter of women’s rights and labor unions, and a conscientious judge.

“To each of these positions, I have brought and will continue to bring my life experience, my experience as a person of color who grew up in the working community,” LaSalle told the senators.

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LaSalle is currently chairman of the Second Department, where he presides over the nation’s largest state appeals court, with a budget of approximately $69 million. He was appointed to the position in 2021 by the then governor. Andrew Cuomo.

His opponents focused on a small number of mid-level appellate court decisions, most of which dealt with technical legal issues rather than important social issues.

LaSalle told senators that he based his decisions on case law. His fellow senators accused critics of picking individual cases to give the impression that he was an arch-conservative.

“Reading your decisions, and especially listening to your opening statement, I thought for a moment that I had the wrong room. You don’t come across as a right-wing conservative nutcase,” said Republican Senator Andrew Lanza.

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Hoylman-Segal said concerns about LaSalle’s track record need to be carefully voiced given the increasingly conservative U.S. Supreme Court.

“If some people think we’re applying strict standards at this hearing, it’s because we have to,” Hoylman-Segal said at the hearing. “The stakes are too high.”

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