Republicans sue to force full State Senate vote on judicial nominee Hector LaSalle

ALBANY — Senate Republicans filed a lawsuit Thursday against their Democratic colleagues to force a vote over Gov. Kathy Hochul’s nominee to be New York’s new chief judge.

It’s the latest twist in a power struggle that’s splitting Democrats and giving Republicans a rare role in Albany. It also is an unprecedented fight in state history, where, unlike Washington, judicial confirmations historically have been sleepy affairs.

At issue is Hochul’s nomination of Hector LaSalle to lead the Court of Appeals, the state’s top court. Last month, the Senate Judiciary Committee blocked the nomination from being advanced to the full Senate by a 10-9 vote — dealing Hochul the biggest political loss of her tenure.

The majority, backed by labor unions and progressive Democrats, said that LaSalle was too conservative and that they preferred someone other than an ex-prosecutor to lead the court. LaSalle, 54, an East Northport resident, is currently a midlevel appellate judge and a former assistant district attorney in Suffolk County.

Hochul, along with moderate Democrats and Republicans, contend the New York constitution mandates that the full Senate vote on a chief judge nominee. They said the Judiciary Committee vote alone is insufficient.

While Hochul continued to indicate she was considering legal action, Senate Republicans instead took the step.

Sen. Anthony Palumbo (R-New Suffolk) filed a lawsuit in Suffolk County, seeking to force Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) to bring the nomination to the full Senate.

“A vote of a mere committee of the Senate — here, the Judiciary Committee — does not satisfy the constitutional requirement of advice and consent. The (state) Constitution does not delegate that authority to a committee,” Palumbo said in the lawsuit.

It’s not certain that LaSalle could win confirmation in the Senate, where Democrats hold 42 of 63 seats. To get her judge on the bench, Hochul would have to secure 11 Democratic votes — far from a given.

Even if eventually the nomination is defeated, a number of legal experts had been calling for Hochul — or someone — to sue Senate Democrats to get courts to rule, once and for all, that a full Senate vote is required for a judicial nominee.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy