Kathy Hochul tries to rally support for embattled chief judge pick from Suffolk
Hector LaSalle, an appellate court judge from East Northport, has been nominated by Gov. Kathy Hochul to become chief judge of New York's highest court. Credit: James Escher
ALBANY — One of New York’s most liberal chief justices came out Friday to give his progressive stamp of approval to Hector LaSalle, Gov. Kathy Hochul’s embattled nominee to be the state’s top judge.
Jonathan Lippman, who led New York’s Court of Appeals from 2009 to 2015 and oversaw a string of liberal legal victories, said fellow Democrats’ criticisms of Hector LaSalle as too conservative are off target.
“You know my record and you know that people certainly labeled me on the liberal side of the equation and I have very great confidence in Justice LaSalle,” Lippman told Newsday Friday.
“I’m offering my perspective as a former chief judge of the state and knowing pretty well all the judges in the state … He’s an excellent choice,” Lippman said.
WHAT TO KNOW
- Jonathan Lippman, one of New York’s most liberal former chief judges, has joined Gov. Kathy Hochul’s campaign to win approval of her embattled nominee to be the state’s top judge.
- Lippman told Newsday fellow Democrats’ criticism of appellate court Justice Hector LaSalle, of East Northport, as too conservative is off target.
- LaSalle is facing increasing opposition from labor unions and State Senate Democrats, who criticize his record on several labor and abortion-rights cases.
LaSalle, 54, of East Northport, is a midlevel state appellate judge and former Suffolk County assistant district attorney.
Gov. Kathy Hochul nominated LaSalle on Thursday to become the new chief judge of the New York Court of Appeals.
LaSalle would succeed Janet DiFiore, an appointee of former Gov. Andrew M. Cuomo who steered the court in a conservative direction and resigned this summer.
If confirmed, LaSalle would be the state's first Latino chief judge.
Even though he's a Democrat, LaSalle is facing increasing opposition from labor unions and, more important, State Senate Democrats, who criticize his record on several labor and abortion-rights cases.
As of Friday afternoon, 10 Democrats had said they would oppose LaSalle’s nomination to the Court of Appeals, New York’s highest court — just one shy of the number likely necessary to block it.
“After a careful review of the nominee, I am forced to conclude he would be regressive on issues impacting women’s rights, labor issues, and climate change. I will be a 'no' on Judge LaSalle,” State Sen. Rachel May (D-Syracuse), wrote on Twitter.
Influential unions such as the Communications Workers of America and 32BJ, are urging Democrats to vote no. The AFL-CIO called the nomination “troubling.”
Critics point to three appellate decisions in which LaSalle sided with the majority but didn’t write the opinion for the court.
One ruling limited the scope of an attorney general’s subpoena served to a pregnancy center that opposes abortion rights.
Another allowed a defamation lawsuit to proceed against two union leaders.
The third determined a defendant willingly gave up his right to appeal certain issues in his case in a plea bargain, although he contended a lower court and his own lawyer hadn’t fully explained the ramifications.
More broadly, the Center for Community Alternatives, a nonprofit that promotes reduced reliance on incarceration, said at the appellate court LaSalle frequently dissented from pro-defendant decisions and reflected a “pro-prosecution bias.”
Lippman said “cherry picking” a few cases out of thousands is not an accurate way to assess a judge’s record.
“My belief is once they get a look at [LaSalle’s] record and the totality of his record … they’re going to see that this is a superb choice,” Lippman said.
“You have to look at his entire record and not just pick out three or four or five cases you disagree with and think it represents his whole philosophy,” he argued.
Asked to describe LaSalle’s philosophy, Lippman said: “In my view, I think he cares about the same things I cared about as chief judge.”
A battle over the nomination is looming next month in the Senate, even though Democrats control 42 of the 63 seats.
Thirty-two votes are necessary to confirm LaSalle. If more than 10 Democrats oppose him — 10 already have and multiple sources say the number could grow — Republican votes would be needed to push him through.
In practical political terms, the majority in Albany almost never puts forth a bill or nomination that needs minority support to succeed.
So Hochul likely needs to persuade at least 32 Democrats to support her nominee — which may mean getting some fellow Democrats to reconsider their stance.
Watch live: NewsdayTV's coverage of LI Votes 2024 continues with reports from Nassau and Suffolk counties
Watch live: NewsdayTV's coverage of LI Votes 2024 continues with reports from Nassau and Suffolk counties
