Hochul nominates LaSalle as next chief judge

Hector LaSalle, the presiding justice of the Appellate Division, Second Department, was nominated by Governor Kathy Hochul to serve as the next chief judge of the Court of Appeals on Thursday, Dec. 22, 2022. Eagle file photo by Rob Abruzzese

By Jacob Kaye

One day before her deadline, Governor Kathy Hochul made her pick for the state’s next chief judge, tapping a judge whose run Queens and Brooklyn’s Appellate Division court, the largest in the nation, for the past year and a half.

The governor selected Hector LaSalle, the presiding justice in the Appellate Division, Second Department, to serve as New York State’s next chief judge on Thursday. If confirmed by state lawmakers, LaSalle would serve as the face of New York’s massive court system and as the top judge on the state’s highest court, replacing former Chief Judge Janet DiFiore who abruptly retired from the post over the summer.

If confirmed, he would become the first Latino, and, more generally, the first person of color, to serve as the most powerful judge in New York State.

"New York's Court of Appeals has a long history as a beacon of justice, and Judge LaSalle is an outstanding jurist in that tradition,” Hochul said in a statement. “He has the skills, experience, and intellect to ensure that our highest court is seen as a leader across the country.”

In a statement, LaSalle said that he was "humbled by Governor Hochul's nomination, and I thank her for this tremendous honor.”

“I am committed to leading the Court with integrity and fairness, upholding justice, and protecting the rights of New Yorkers," LaSalle added.

LaSalle, who has served as the presiding justice of the Second Department since 2021, won’t be the only judge with Queens ties to head up the state’s court system. LaSalle is expected to select Judge Edwina Richardson-Mendelson – who herself was one of seven chief judge candidates given to Hochul by the Commission on Judicial Nominations earlier this month – to serve as chief administrative judge, replacing Lawrence Marks who retired at the end of November.

In the role, Richardson-Mendelson will oversee the day-to-day operations of the courts and the creation and implementation of the court system’s over $3 billion budget.

Richardson-Mendelson currently serves as the leader of the Equal Justice in the Courts Initiative, the deputy chief administrative judge for Justice Initiatives and as a Court of Claims judge. She spent years working as a legal professional in Queens – first as an attorney-referee in Queens County Family Court and later as the supervising judge in that same court.

"If confirmed, I plan to appoint the Honorable Edwina G. Richardson-Mendelson to serve as Chief Administrative Judge, and I would be honored to work with her to get our courts functioning as efficiently and effectively as possible for the betterment of all New Yorkers,” LaSalle said.

LaSalle currently leads the largest and busiest appellate court in the country, overseeing 21 judges, over 400 non-judicial employees and managing a budget of approximately $69 million. If confirmed by the state legislature, he’d oversee the state’s entire court system, which features over 16,000 employees and a $3 billion budget.

Prior to being appointed as the presiding justice of the Second Department in 2021, he served as an associate justice in the court for around seven years. He was first elected as a New York State Supreme Court judge in 2008.

Before making the move to the judiciary, LaSalle, who grew up on Long Island, worked as an assistant district attorney in the Suffolk County District Attorney’s office – he’ll become the fourth former prosecutor on the seven-judge Court of Appeals bench, if confirmed.

Reaction to LaSalle’s nomination was mixed Thursday.

The presiding justice was the subject of a back-and-forth between a group of law professors, who urged Hochul not to nominate him, and the Latino Lawyers Association, who were advocating specifically for his selection, in the days leading up to his nomination. Additionally, progressive advocates and lawmakers have, for the past month, rallied to call on Hochul to select a judge that turns the court away from its conservative leanings, something they alleged LaSalle would not do.

But celebration of the nomination of LaSalle, currently one of the most powerful presiding justices in the state, by acting judges could not be muted this week.

“We congratulate Governor Hochul’s nomination of Hon. Hector LaSalle from the Second Department to serve as the new chief judge,” said Queens Supreme Court Justice Carmen Velasquez, who currently serves as the president of the Queens Supreme Court Justices Association and who was one of DiFiore’s most ardent critics.

“We are confident that Chief LaSalle will restore collegiality, civility and the independence of the judiciary,” Velasquez added. “We look forward to his leadership and excellence in the years to come.”

Ronaldo Acosta, the presiding justice of the Appellate Division, First Department covering Manhattan and the Bronx, said that Hochul should be “roundly commended for her extraordinary choice” for chief judge, who he has worked closely with.

“I know first-hand his judicial record of thoughtful and balanced decision-making and his collaborative nature,” Acosta said. “He is beloved and respected by his peers as a person of integrity who values the judiciary and its paramount obligation to dispense justice for all.”

Judge Barbara Kapnick, the president of the Association of Justices of the Supreme Court of the State of New York, also celebrated the pick.

“We welcome Governor Hochul’s nomination of Hon. Hector LaSalle, currently the Presiding Justice of the Second Department, to serve as the new Chief Judge of the New York State Court of Appeals,” Kapnick said. “We are also pleased to note Justice LaSalle’s intention to name Hon. Edwina Richardson-Mendelson as Chief Administrative Judge.”

But there were also staunch critics of the pick, including from a group of progressive lawmakers who vowed to vote against LaSalle’s confirmation when he comes before them next month.

Beginning the day DiFiore announced her retirement up until this week, progressive advocates and lawmakers have called on Hochul to select a candidate whose judicial record reflects a more progressive leaning. For the past year and a half, DiFiore, a Democrat, has overseen a court that is considered by many to lean conservative. DiFiore and Court of Appeals Judges Michael Garcia, Madeline Singas and Anthony Cannataro, who is currently serving as the acting chief judge, voted together in a conservative bloc on nearly every decision the court issued in its most recent session.

After a number of advocate groups urged Hochul not to nominate LaSalle, along with several other of the seven candidates, those same groups expressed dismay over her pick on Thursday.

“Unfortunately, instead of selecting one of these excellent candidates, Gov. Hochul nominated Justice Hector LaSalle, despite significant alarm raised by unions, reproductive rights organizations, Senators, and other New Yorkers concerned about Justice LaSalle’s record,” said Peter Martin, the director of judicial accountability at the Center for Community Alternatives.

“Justice LaSalle’s deeply conservative judicial record includes decisions that are anti-abortion, anti-union, and anti-due process,” Martin added. “His decisions make clear that his judicial philosophy is wrong for New York, and that, if confirmed as Chief Judge, he would be a continuation of former Chief Judge DiFiore’s right-wing Court of Appeals.”

Earlier this week, a group of 46 law professors wrote an open letter to Hochul, detailing past judicial decisions written by LaSalle that “betray a cavalier attitude towards reproductive rights, hostility to organized labor, and a worrying insensitivity to due process.”

Included among them was a 2017 decision that LaSalle joined, helping to shield a crisis pregnancy center, which are unlicensed medical offices that often discourage women from getting abortions, from a state attorney general subpoena.

“[The decisions in the letter] show an insensitivity to the importance of reproductive rights, a disregard for labor’s rights and its value in our political system, and a callousness about defendants’ rights and principles of due process,” the professors wrote. “These decisions remind us of the rulings of Republican appointees to the federal bench. They seem out of step with the values of New Yorkers and the platform on which you have run and won election.”

In response, a group of Hispanic bar associations, including the Latino Lawyers Association of Queens, wrote a letter to the governor in defense of LaSalle, who they said had been the subject of “personal attacks.”

“Justice’s LaSalle’s opponents’ analysis of his judicial record is a misinterpretation of the cases they rely upon and instead, reflect Judge LaSalle’s judicial independence and understanding of the judicial role,” the groups wrote. “By way of example, the group baselessly and outrageously claims that Presiding Justice LaSalle ‘has stood in the way of state government attempts to protect New Yorkers’ abortion rights.’ Nothing could be further from the truth and that proposition is certainly not reflected in the case upon which they rely.”

In the end, it will be the State Senate that decides whether or not LaSalle is named to a 14-year term as the state’s sixth chief judge since the appointment process began.

Though the Senate has never rejected a chief judge nomination, LaSalle’s confirmation is poised to be far more contentious than past hearings.

In the lead up to Hochul’s pick, a number of lawmakers, including State Senate Deputy Majority Leader Michael Gianaris, have said that they will scrutinize her pick, regardless of who it is, more so than they’ve done in the past.

Gianaris’ office did not respond to request for comment.

On Thursday, at least a half dozen Senators announced that they’d vote against confirming LaSalle.

“Today [Hochul] had the opportunity to nominate a Chief Judge that prioritizes the needs of vulnerable New Yorkers,” incoming-Queens State Senator Kristen Gonzalez said on social media. “Instead she chose one of the most conservative justices on the appellate bench. I hope my colleagues join me in voting NO on Hector Lasalle.”

The sentiment was echoed by State Senator Julia Salazar, who represents a portion of Queens and Brooklyn.

“Deeply disappointed in the Governor's nomination of someone with a clear anti-union, fundamentally conservative record on the bench to be Chief Judge of the New York State Court of Appeals,” Salazar said. “I'm a hard no on Justice LaSalle's nomination.”

Brooklyn Senator Andrew Gournades, who sits on the Senate’s Judiciary Committee, said that he was “deeply concerned” with LaSalle’s record, but didn’t go as far as to say he would vote against him.

“As a member of the Senate Judiciary committee, I will be exercising my responsibility of further reviewing Justice LaSalle’s record and evaluating how his nomination reflects on the Court of Appeals that our state needs."

Based on past precedent, it seems somewhat unlikely that enough lawmakers will join the call and act to reject LaSalle – both Salazar and Gonzalez are backed by the Democratic Socialists of America and will be among the most left-leaning members of the legislature when they convene for their session on Jan. 4.

Queens State Senator Jessica Ramos, who chairs the body’s Committee on Labor, said that she was torn over her vote.

“It’s inevitable to feel proud to see a Latino possibly elevated to the highest court in New York State,” Ramos said. “As Chair for the Senate Committee on Labor, I remain, however, concerned he has made some unsettling rulings in relation to working people and our right to organize.”

“As the House is set to flip to Republican control, we need a strong Court of Appeals to defend the progress we have made in New York State,” Ramos added. “I will continue consulting with my constituents and stakeholders.”

The Senate is obligated to vote on LaSalle’s nomination within the next 30 days.