The nomination of former Latino prosecutor Héctor LaSalle as presiding judge of the New York State Court of Appeals, the state’s highest court, has become a true clash of forces. And in a fact that is seen as the first political struggle in Albany of this 2023, while the Governor, Kathy Hochul, considers him the ideal candidate to reach the high court, like dozens of New York leaders, voices of the most progressive sector of the State and community and union organizations have raised a cry to heaven: they question the jurist, accusing him of being a conservative and have been demanding that he not even be considered for office.
From both sides, defenders and detractors of LaSalle, they have not stopped demonstrating to be able to influence the decision of the 63 members of the state Senate, who must confirm the nominated magistrate with 32 votes in favor, a figure that until now seems uncertain.
In the midst of the fight, which would be Hochul’s first big win or first big loss since she was elected to the position, voices against call for LaSalle’s nomination to be withdrawn immediately, and voices for call for to a public hearing in which a full examination of the judge, of Puerto Rican origin, raised on Long Island, can be made.
The New York State Association of Criminal Defense Lawyers (NYSACDL) was one of the first groups to express its disappointment at LaSalle’s nomination and urged the Senate not to confirm it, even arguing that there were better options among the seven candidates presented by the Committee on Criminal Defense Lawyers. Judicial Nominations, such as Professor Abbe Gluck and Corey L. Stoughton. At the same time, they stated that it is a time to better route the highest court.
“This nomination was, and is, an opportunity to ensure that the high court is guided by a jurist who can help the New York State Court of Appeals regain its former reputation as one of the state’s most influential high courts, a reputation which it enjoyed for most of its history, but which has declined in recent years,” said NYSACDL. “The current court is dominated by judges who have had extensive careers as prosecutors or entirely in the judicial system, a very limited perspective. These judges do not provide the professional diversity that represents individuals before the tremendous power of the State, be it in criminal or administrative proceedings (…) they have the last opportunity to repair the injustices that are the consequence of the too frequent criminal convictions of innocents, of those whose constitutional rights have been violated and/or people who did not have fair trials”.
About Judge LaSalle, who was a career prosecutor in the Suffolk County District Attorney’s office for 13 years of his 17-year career, before becoming a judge, Make the Road New York, one of the largest immigrant organizations of the Big Apple, also raised his opposition. This was noted by Theo Oshiro, co-executive director, who stated that Justice LaSalle has proven to be one of the most conservative judges currently serving on the appeals court.
“We know that experience is important to protect the most important rights of New Yorkers, and we urge Governor Hochul to choose a judge with experience defending our state’s most vulnerable and defending civil rights, not someone who has spent his career defending corporate interests and exacerbated the mass incarceration of people of color as a prosecutor. Unfortunately, Judge LaSalle is not the jurist with a record that we can get behind,” Oshiro said.
The activist made it clear that the rejection of the Puerto Rican judge is not only due to two cases in which LaSalle ruled on abortion and union leaders, but also on his role in vital issues for the most vulnerable communities, and although he acknowledges that his nomination as the first Latino to hold the position is “an important historical milestone”, he believes that it will not help put an end to injustices in the courts.
“On the issues we hold dear — protecting labor rights, undoing deep injustices in our criminal legal system, expanding civil liberties and ensuring abortion rights — Judge LaSalle’s judicial record has demonstrably impeded those values,” Oshiro said. . “Their appointment of him would have serious implications for the rights of New Yorkers and our democratic institutions. Judge LaSalle’s appointment will hurt workers, tenants, immigrants, people involved in the criminal legal system, and all New Yorkers, and would preserve the conservative four-judge bloc of the Court of Appeals through the 2030 redistricting cycle.”
The Housing Works organization, which works with vulnerable communities, also opposes the nomination of the Latino jurist and assured that it would be extremely serious to have a “conservative” like him in the highest court, since many of its members have been victims of ” the rulings of a judicial power” of the same line.
“We are a healing community whose members include people who have experienced homelessness, HIV/AIDS, substance use disorder, mental illness, and involvement in the criminal legal system. People of color also represent the majority of our community. These are some of the most vulnerable populations,” they said in a statement. “From abortion rights to due process, Judge LaSalle has consistently demonstrated an ideology that is out of step with our values and dangerous to our community.”
Senator Michael Gianaris, one of the most powerful voices in Albany, has already announced that he will vote “no” to Judge LaSalle’s nomination and said that “it represents the continuation of a status quo that tarnished the Court’s reputation and ruled inconsistently.” with the values of New Yorkers.
On the other hand, figures like Robinson Iglesias, an expert within the Big Apple legal community, insist that Judge LaSalle is being subjected to injustices and lies when evaluating his work in accordance with the law.
“While the public and the legal community have a right to weigh in, they do not have the right to tell outright lies about LaSalle’s court record. Yet that is precisely what a group of so-called progressive law professors have shamelessly done through bombast and constant repetition: play cards straight out of the Trump playbook.”
“Apparently, to these law professors, if a judge rules in favor of unions and labor leaders but against labor leaders who may have acted in their individual capacity, suddenly the judge is ‘anti-union.’ If a judge mostly denies an anti-abortion group’s request to quash a subpoena for your documents, but grants the quashing request in a very small and limited way, suddenly the judge is ‘anti-abortion.’ No matter the facts of the case or applicable law and binding precedent. These arguments are antilogical,” added Iglesias, referring to the two cases that criticize the judge.
María Román, leader of the Puerto Rican community in New York, insisted that the 55-year-old judge is an outstanding professional whose record demonstrates his ability and capacity to apply the laws, based on judicial principles, equity and equality, and criticized that they try to to blur it.
“It saddens me to see her life story of upholding the laws as they are written and ensuring justice for all is being torn apart and misinterpreted. He deserves the opportunity to be heard at a confirmation hearing, where elected officials and the public can intelligently and thoroughly review his qualifications and he can answer questions,” said the Puerto Rican. “Governor Kathy Hochul made a courageous and commendable nomination, and it is now incumbent on the New York State Senate to ensure that there is due process for an exemplary jurist who has spent a lifetime ensuring that there is due process for everyone. ”.
Carmen Gómez Goldberg, community leader from Westchester County, joined the voices that demand that LaSalle be heard before a decision is made and stressed that it is not fair that a magistrate be designated as “conservative” for issuing sentences based on in the law and not in opinions.
“It is not fair that a prominent legal scholar with a lifetime record of responsibly upholding the laws of our state without bias should have his career record and character distorted without being given the opportunity to be heard and answer questions. He is denied the same rights that he grants to all litigants who appear before his court, win or lose,” said the community leader. “A judge’s job is to apply the laws fairly, impartially and as written. Judge LaSalle’s complete record demonstrates that he has served in that role in an exemplary manner for decades.”
Luis A. González, retired judge, who served as president of the Second Department of the Court of Appeals for the State of NY, and was the highest ranking Hispanic in the New York court system, defended LaSalle as the best option for preside over the High Court.
“As a former Presiding Judge of the First Department, I have followed the entire illustrious career of Judge Lasalle. He is an excellent choice for the position of chief judge of the State of New York, and I congratulate Governor Hochul on this appointment, ”said the former magistrate.
State Senator Luis Sepúlveda is one of the Latino legislators from Albany who has already supported the judge and not only praised him for the solidity of his record, but also distanced himself from the positions of the groups that reject him.
“Governor Hochul is to be commended for nominating a highly qualified jurist. As a Latino with 31 years of experience practicing law in New York, I can attest with tremendous pride that Judge Lasalle has a solid track record. As a progressive, I have vetted opinions and respectfully disagree with his interpretations of his positions,” the state senator said.
Key facts about Judge LaSalle’s confirmation
- The state Senate, with a Democratic majority, has 30 days to confirm or reject the nomination.
- 32 of the 63 senators must vote in favor for LaSalle to be confirmed
- Associate Justice Anthony Cannataro is currently the Acting Presiding Judge
- 6 judges make up the Court of Appeals
- 1 judge is the chief judge or president
- His tenure lasts 14 years.
- Independent state judicial nominating commission selects slate of 7 candidates for Governor
- 1,350 state-paid judges and 15,000 employees make up the state court system