What you need to know about Hector LaSalle, Hochul’s controversial pick for N.Y.’s top judge as he faces Albany lawmakers

ALBANY — Hector LaSalle, Gov. Hochul’s nominee for chief judge of the state’s highest court, will face lawmakers on Wednesday during a potentially contentious confirmation hearing that could determine his fate.

Hochul’s selection of LaSalle to head the Court of Appeals and lead the state’s sprawling court system has been mired in controversy amid pushback from progressives, labor unions and advocates who argue he’s too conservative for the post.

Critics claim LaSalle’s record as a judge and past work as a prosecutor will cement the Court of Appeals’ recent right-wing bent and more than a dozen Senate Dems have publicly voiced opposition to his appointment.

The public battle over LaSalle’s judicial record and opposition within the Senate in the leadup to Wednesday’s hearing has prompted constitutional questions about whether the Dem-led chamber is required to bring the nomination to a vote before the full body.

Hochul has stood by her choice, arguing that opponents are cherry-picked cases to highlight and most recently spent the long weekend repeatedly invoking Martin Luther King and enlisting the help of Hispanic leaders to back her up decision.

The governor also said last week she believes that regardless of the outcome of the outcome of the Judiciary Committee hearing, LaSalle’s nomination should advance to a floor vote before the 63-seat chamber.

LaSalle would be the first Latino chief judge if confirmed to a full 14 year term and the Senate has never rejected a governor’s nominee to the Court of Appeals since the current process has been in place since the 1970s.

Here’s what you need to know ahead of the Senate Judiciary Committee’s 10 a.m. hearing:

Hector Daniel LaSalle, 54, is a Long Island native of Puerto Rican descent and a former prosecutor who is currently the presiding justice of the state’s 2nd Appellate Division, which handles appeals from state courts in Staten Island, Brooklyn, Queens and Long Island.

LaSalle was one of seven candidates submitted to Hochul by the state’s Commission on Judicial Nomination following the sudden resignation of former Chief Judge Janet DiFiore last summer.

LaSalle has served on the bench in the Second Department since 2014 and was appointed as presiding justice in 2021 by former governor Andrew Cuomo.

Prior to being elected as a Supreme Court justice as a Democrat in 2008, LaSalle twice worked as a deputy district attorney for the Suffolk County District Attorney’s Office and also worked in the state Attorney General’s office for a time.

In his current position, LaSalle leads the busiest and largest state appellate court in the country, overseeing 21 associate justices, more than 400 non-judicial employees and a budget of approximately $69 million.

LaSalle received his B.A. from Pennsylvania State University in 1990 and his J.D. from the University of Michigan Law School in 1993.

LaSalle’s nomination has pitted Democrats against one another with opponents claiming his past rulings show him to be anti-abortion, anti-labor and anti-due process.

Critics began speaking out against LaSalle even before Hochul named him as her pick.

Dems in the Senate issued a letter last year expressing their desire to see someone appointed to lead the state’s court system that had a public defender background.

A group of law professors sent the governor a letter days before she made her choice known urging her not to pick LaSalle, arguing that past rulings included decisions shielding anti-abortion pregnancy centers and allowing companies to sue union leaders.

Since then, opposition has swelled as labor unions, criminal justice advocates and reproductive rights groups joined forces to call on Hochul to rescind her pick.

The New York State AFL-CIO and the Communications Workers of America’s regional division have come out against his nomination and James Mahoney, president of the New York State District Council of Iron Workers, accused the governor of turning her back on labor.

Other cases highlighted by opponents include an opinion LaSalle joined that essentially determined it would be permissible to reject New Yorkers from jury service because of the color of their skin. The Court of Appeals unanimously overturned the decision.

Labor leaders have also raised issue with an opinion that found utility companies could not be held liable for the lead poisoning of their workers’ children via the worker’s clothing, even though companies didn’t take basic precautions to protect employees.

Sen. Michael Gianaris (D-Queens), the conference’s deputy majority leader is among the 14 predominantly progressive Democrats in the chamber who have said they will vote against LaSalle.

Hochul said upon announcing LaSalle’s nomination that he has the “skills, experience, and intellect to ensure that our highest court is seen as a leader across the country.”

She has touted his work as an administrator overseeing the 2nd Appellate Division and called him a “consensus-builder,” and repeatedly cast aside criticisms of his record as unfair and unjust.

The governor also supports LaSalle’s intention to appoint Judge Edwina Richardson-Mendelson to serve as chief administrative judge, essentially overseeing the day-to-day operations of the court system.

Over the weekend, Hochul said critics are misrepresenting his judicial history as she again called LaSalle “eminently qualified” for the job.

“I examined all the records. I saw all the cases, even those that are being maligned and used against him and … they’ve been falsely represented,” she said during a rally in the Bronx on Saturday. “And that’s what I will not stand for.”

LaSalle has plenty of supporters and defenders, including former colleagues who have served with him in the courts and a number of high-ranking Dems who feel some of their party members have jumped to conclusions ahead of his hearing.

House Minority Leader Hakeem Jeffries and Rep. Nydia Velazquez, both New York Democrats, joined Hochul and prominent Latino leaders over the weekend to voice support for LaSalle. Also on hand were former Bronx borough president Ruben Diaz Jr. and former City Council speaker Melissa Mark-Viverito. Many of those in attendance are involved with a group known as Latinos for LaSalle, which has pushed for a confirmation.

Last week, Transport Workers Union President John Samuelsen broke from other union leaders to dismiss the pushback from progressive Dems as disingenuous, saying some of those speaking out have done little for labor.

Sen. Luis Sepulveda (D-Bronx), a member of the judiciary committee, is one of a handful of Democrats in the Senate who has openly said he supports LaSalle. Over the weekend, Sepulveda got personal by calling out fellow Sen. Gustavo Rivera (D-Bronx) by name, arguing LaSalle “opened doors for you to be in the state Senate.”

Democrats recently expanded the number of lawmakers serving on the committee from 15 to 19, adding three Dems and one Republican to the panel.

Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) defended the move last week, arguing that more members expressed interest in serving on the committee. Among the Dems on the committee, Sens. Jessica Ramos (D-Queens) and Shelley Mayer (D-Westchester) have publicly said they will vote against LaSalle. Several others have expressed reservations but have not said where they stand.

Sen. Brad Hoylman (D-Manhattan), who serves as chairman of the committee and has not taken a public position on LaSalle, believes that should the panel not have enough votes to recommend LaSalle’s nomination, then no floor vote is mandated.

Former chief judge Jonathan Lippman disagrees, joining Hochul last week in calling for LaSalle’s nomination to be taken up by the full Senate. Lippman and others believe the “advise and consent” clause of the state Constitution dictates that a floor vote must be held for judicial appointments.

Democrats have a 42-member supermajority in the 63-seat chamber. Should LaSalle’s nomination make it out of committee, he would need 32 votes on the floor.

That means a handful of Republicans would have to vote in his favor for him to be appointed. Stewart-Cousins has repeatedly said she doesn’t see how LaSalle will be confirmed given what she’s heard from Dems in private.

While some Republicans have said they have no issue with LaSalle or his record it’s unclear if Hochul has made an effort to win over GOP votes.

Should the judiciary committee reject LaSalle, there is a chance Hochul could sue the Senate in order to force a floor vote. It’s unclear if the courts would take up the case but Hochul declined to rule out the option last week.

“I’m willing to do everything I need to do to get it through the committee,” the governor said.