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2023 NYS legislative session to begin Wednesday amid some controversies

The New York state Capitol building at night.
Matt Ryan
/
New York NOW
The New York state Capitol building at night.

The New York State legislative session begins Wednesday amid controversy over Governor Kathy Hochul’s choice for New York’s next chief judge. There’s also a dispute on whether a newly elected Republican Assembly member will be allowed to be seated.

The session opens three days after Hochul gave her inaugural address, beginning her first full term as governor.

“As I stand before you, humbled to take on this honor, I’m ready to take on the fight,” Hochul pledged.

The governor gives her State of the State message on January 10th, and her budget address at the end of the month.

In the meantime, Hochul, a Democrat, faces pushback from her own party members, Democrats who lead the Senate over her choice for the next chief judge of the state’s highest court, the Court of Appeals. Around a dozen progressive-leaning senators say some of Hector LaSalle’s rulings as a judge in a mid-level appeals court are too conservative.

Senate Judiciary Committee Chair Brad Hoylman spoke shortly after Hochul announced her choice in late December.

This is a high bar that we are going to require of this nomination,” said Hoylman, who added LaSalle’s record of opinions, as well as his judicial “vision,” will be examined.

In the State Assembly, there’s another storm brewing over whether newly elected Brooklyn Assemblyman Lester Chang can take his seat.

Chang, a Republican, was sworn in Tuesday before members of the Assembly Minority Conference. Chang, who served in the U.S. Navy and is an Afghanistan War veteran, told the audience that he’s looking forward to beginning his term.

I’m ready for my next set of orders,” Chang said to applause. “I’m ready to go.”

Questions have been raised over whether Chang lives in the district that he represents or in an apartment that he rents in Manhattan. Under the rules, members of the Assembly must live in their district for a full year before they are elected. Some of the Democrats who control the Assembly want to block Chang from taking his seat.

Chang says he’s ready to take legal action if they move against him during Wednesday’s opening day of session.

“I’m duly elected by the people,” Chang. “Everything else, my legal team will address those issues.”

Democrats did not raise questions about Chang’s residency until late November, after Chang had already defeated longtime incumbent Democrat Peter Abbate.

Assembly Minority Leader Will Barclay says the time has passed for those challenges.

Lester was duly elected by the people of Brooklyn,” Barclay said. “The time to challenge residency on all that was before the election.”

A spokesman for the Assembly Democrats, Mike Whyland , says according to state law, since Chang won the election his term began on January 1st, and that won’t be challenged.

But Whyland adds, "However ,the Legislature will be formally organized tomorrow (Wednesday) and that body will consider his qualifications to serve."

If Chang is removed from the Assembly, it would trigger a special election for the seat.

Legislators begin 2023 with a $32,000 pay raise. On New Year’s Eve, Governor Hochul signed into law a bill passed on December 22nd that increases base pay for senators and Assembly members from $110,000 a year to $142,000.

Karen DeWitt is Capitol Bureau Chief for New York State Public Radio, a network of 10 public radio stations in New York State. She has covered state government and politics for the network since 1990. She is also a regular contributor to the statewide public television program about New York State government, New York Now. She appears on the reporter’s roundtable segment and interviews newsmakers. Karen previously worked for WINS Radio, New York, and has written for numerous publications, including Adirondack Life and the Albany newsweekly Metroland.