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Resistance grows against Gov. Hochul's pick for next chief judge

Members of various groups gather in the state capitol building to protect Gov. Hochul's pick for chief judge Jan. 9, 2023.
Center for Community Alternatives
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twitter.com/cca_ny
Members of various groups gather in the state capitol building to protect Gov. Hochul's pick for chief judge Jan. 9, 2023.

Groups opposed to Governor Kathy Hochul’s choice for the next chief judge came to the Capitol on Monday to call on her to withdraw Hector LaSalle’s name, saying he is too conservative to lead the courts. Hochul, though, shows no signs of backing down.

Representatives from unions, reproductive rights groups and criminal justice organizations stepped up the pressure on Hochul on Monday.

Chanting “No to LaSalle!” they said that Justice Hector LaSalle is the wrong choice for chief judge, based on some of his past opinions that they say side against labor, the right to due process, and abortion rights.

Senator Kristen Gonzalez is among the 14 Democratic senators who have already come out against LaSalle.

“The Court of Appeals is simply too important to be led by someone who is not wholly committed to defending the rights of women and workers,” Gonzalez said. “Especially the most marginalized.”

The opposition among members of her own party means that Hochul does not have enough Democratic votes in the State Senate for LaSalle to be confirmed, without help from minority party Republicans.

Among the other Democratic opponents is Deputy Senate Majority Leader Michael Gianaris. Speaking on WNYC’s “The Brian Lehrer Show” on January 5th, Gianaris says it’s not just left-leaning senators who have concerns. He says moderate Democrats also have reservations about LaSalle.

Gianaris says former Chief Judge Janet DiFiore, who resigned last summer, was not a good administrator of the state’s vast court system, and he wants to see the court take a new direction.

“We’re not spoiling for a fight with the governor, we are anxious to work with her,” Gianaris said. “(But) ... we can’t in good conscience vote to confirm a nominee who we think would not improve the Court of Appeals here in New York.”

Senate Leader Andrea Stewart-Cousins was asked whether, given the opposition, Hochul should withdraw LaSalle’s name from consideration and chose someone else.

“That would clearly be easier,” Stewart-Cousins said. “But ... here we are.”

Stewart-Cousins says the opposition to LaSalle should not have come as a surprise to Hochul. She says 20 Democratic senators wrote a letter to the governor last August, when DiFiore resigned, asking that the governor appoint a nominee who had a background other than in prosecution.

The Senate on Monday also revealed who was added to its Judiciary Committee, increasing it from 15 to 19 members. The larger committee includes new senators who have already expressed opposition to LaSalle. That led Republicans, who are in the minority in the Senate, to accuse the Democrats of stacking the committee, something they denied. The committee has the power to block LaSalle’s nomination from coming to the Senate floor.

Among the new committee members are Democrats Shelly Mayer, Jessica Ramos and Toby Stavisky, all of whom have expressed doubts about LaSalle.

Hochul, speaking earlier in the month at a Three Kings Day event, said she won’t withdraw LaSalle’s name and that she finds the expansion of the Senate Judiciary Committee “unprecedented.”

She says LaSalle has an “exceptional” record.

“He’ll be the person that will bring a fractured court together, he’ll be fair, he’ll be just,” said Hochul, who added she believes a review of LaSalle’s 5,000 cases will “reveal that.”

“He’ll go to the committee, even if it’s stacked,” Hochul said.

Hochul, who is a supporter of abortion rights and who has had a good relationship with labor unions, says she wants the confirmation process to continue. She says she also believes LaSalle is best qualified to jump-start a court system that nearly ground to a halt during the pandemic, and that she believes contributed to the state’s crime problem.

If the nomination does make it out of the Judiciary Committee and reach the floor, Hochul would need votes from Republicans for LaSalle to be confirmed.

Senate Minority Leader Robert Ortt says he’s reached out to Hochul to say that he and his GOP colleagues are willing to keep an open mind on the nomination.

He urged the governor to push back against what he calls the “radical left” of her party. But he says that Hochul has not responded.

“If she’s not willing to show the courage to get up there and fight for her nominee, which may include working across the aisle, then I don’t think that bodes well for a lot of other issues this session,” Ortt said.

A date for a hearing on LaSalle’s nomination has not yet been set.

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.