Hochul praises LaSalle as opposition continues to grow
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Governor Kathy Hochul stood by her pick for chief judge, Hector LaSalle, on Friday, Jan. 6, 2022. Photo via Governor Hochul’s office
By Jacob Kaye
Governor Kathy Hochul stood by her controversial pick for chief judge, Hector LaSalle, on Friday as doubts continued to be cast on his ability to be confirmed by a State Senate growing increasingly displeased with his nomination.
Speaking at a Three Kings Day event in Manhattan on Friday also attended by LaSalle, Hochul celebrated the possibility that LaSalle, who currently serves as the presiding justice in the Appellate Division, Second Department, could become the first Latino chief judge of the Court of Appeals in the history of the state.
“There's…[an] opportunity that lies before us to do something that has never occurred in the history of the great State of New York, and that is to put a distinguished individual on the highest court in our land – an individual who has a stellar record, a record of accomplishment, a record of bringing people together, a record that supports fairness and justice - core values that are so important to me as a leader,” Hochul said.
Despite questions over whether or not LaSalle would receive a hearing in the Senate – where 14 lawmakers have vowed to vote against his confirmation – Hochul said that she fully expects the judge to get his say before the lawmakers.
“That's why I was so proud to nominate, and expect to have the process unfold with hearings, with a vote on the Senate floor to confirm our next chief judge of the New York State Court of Appeals, Hector LaSalle,” she added.
But as Hochul voiced her continued support for LaSalle, the Senate’s top official, Majority Leader Andrea Stewart-Cousins, told the Max Politics Podcast that she believes it’s highly unlikely LaSalle will be confirmed.
“Because I’ve had 14 members come out publicly and say they were not going to confirm the nominee, and I’ve had a number tell me privately they’re not going to confirm the nominee, I do not see this ending in the way that the governor wished it would,” Stewart-Cousins told Ben Max, the editor of Gotham Gazette and the host of the podcast.
“The realities are that in my conference the numbers are not there. If he continues to be the nominee then obviously we’ll do the process as it’s laid out,” she added.
Five Queens senators, including Deputy Majority Leader Michael Gianaris, have said they and 11 other lawmakers plan to outright vote “no” on LaSalle’s confirmation, citing several past judicial decisions that they say express anti-abortion and anti-labor positions – the accusation has been challenged by a number of Latino lawyers and former elected officials.
In addition to Gianaris, State Senators John Liu, Julia Salazar, Kristen Gonzalez and Jessica Ramos – who was recently appointed to the Senate’s Judiciary Committee – have said they oppose LaSalle’s nomination to the highest judicial position in the state.
Like a number of labor unions and progressive groups, the lawmakers also contend that LaSalle would prove to serve as a continuation of the conservative-minded leadership of former Chief Judge Janet DiFiore.
“The outgoing chief has been deemed by many to be the worst Court of Appeals administration in modern history, and a number of us are anxious to see the court regain its stature and get back on track,” Gianaris said on WNYC’s “The Brian Lehrer Show” on Thursday. “And for me, at least, Justice LaSalle seems like more of the same and a continuation – and the history and his decisions back that up.”
Senator Toby Ann Stavisky, one of only three Queens senators who has thus far refrained from commenting on LaSalle’s nomination, broke her silence on Friday and said she was concerned with his judicial history.
“I recently met with Justice Hector LaSalle and discussed, among other issues, what I believe to be a very disturbing rightward shift of the Court of Appeals in recent years,” Stavisky said in a statement.
“While I deeply respect both the governor and the historic nature of Justice LaSalle’s nomination, I grew up in a union household and am proud to have been a union member,” she added. “Because of that perspective, the concerns raised by many unions about Justice LaSalle’s decisions are particularly troubling to me. As with all nominees there will be a Judiciary Committee hearing and Justice LaSalle must address serious concerns about his record that have been raised by several of my colleagues and many other New Yorkers.”
But elsewhere in Queens, support for LaSalle grew last week.
The Queens County Bar Association, the largest lawyers’ association in Queens, said in a statement on Friday that they “endorse Justice LaSalle’s candidacy for Chief Judge and encourage the New York State Senate to swiftly confirm his nomination.”
“Throughout his lengthy career, Justice LaSalle has proven himself to be thoughtful, thorough and fair in deciding cases of great significance to the litigants,” the bar association said. “Since his appointment as Presiding Judge of the Second Department in May 2021, Justice LaSalle has been active in our Association, as well as our Affinity Bar associations, met with our members on numerous occasions and has shared his thoughts about the judiciary.”
“We believe Justice LaSalle has the temperament, demeanor and vision to guide the New York State court system through the short-term and longer-term changes necessary to ensure an effective judicial system,” they added. “We also note that Justice LaSalle’s confirmation would be historic as he would be the first Chief Judge of the New York State Court of Appeals who is of Latino descent.”
LaSalle also appears to have the support of a number of retired and sitting judges who believe he would serve as a more unifying force than DiFiore, who was widely criticized for her management of the court system.
Requesting anonymity, a Queens judge told the Eagle recently that they believed LaSalle has both the resume and the personality to lead the state’s massive court system.
The judge also defended the decisions LaSalle is being most criticized for and said that they believe the decisions show that he was only following the law.
“[The pushback] may have a chilling effect,” the judge said. “Especially for judges who may want to move forward or move up in the world.”
The State Senate is expected to hold a Judicial Committee hearing on LaSalle’s nomination later this month.
