Union leaders joined by Sen. Julia Salazar, center, hold a news conference at the New York State Capitol in Albany on Jan. 9, 2023, in protest of Gov. Kathy Hochul’s pick for chief judge, Hector LaSalle.
Darren McGee/Office of Governor Kathy Hochul

Vincent Bonventre, an Albany Law School professor and close watcher of the top court, analyzed LaSalle’s record in several posts, saying that his votes and opinions don’t support opposition’s assertions he would be a barrier to reproductive or labor rights. Bonventre also laid out several cases he believed have been overlooked that would indicate the opposite.

State party chair Jay Jacobs — no friend to the left — dismissed progressive outcry as ill informed and inconsequential. A group called Latinos for LaSalle, with Latino Victory Fund chair and MirRam founder Luis Miranda at its head, has built a coalition of elected officials and community leaders “listed not in their official capacities, but as proud Latinos supporting the confirmation of Judge Hector LaSalle.”

One of those is Brooklyn District Attorney Eric Gonzalez, who overlapped at Michigan Law with LaSalle. Gonzalez released a statement praising LaSalle’s record on overturning wrongful convictions, saying “Justice LaSalle’s work safeguarding the rights of all parties who come before him, and his work ensuring that the scales of justice are balanced, is exemplary and supported by a strong and lengthy record that deserves a careful and fair review.”

But, ultimately, none of those individuals will make the decision. Democrats hold 42 seats in the 63-member Senate and confirming a nominee would require 32 votes. At least 14 have already publicly announced they would vote “no” and a half dozen of those said in interviews that there is additional private opposition within the conference.

Those opposed include Latino senators, such as Sens. Jessica Ramos of Queens and Gustavo Rivera of the Bronx. “Latinos deserve representation at the highest levels of the legal system, but we also need courts that respect workers and the right to organize,” Ramos said in a statement. “We can’t compromise our values.”

Rivera said: “I recognize that this may be a proud moment for our Latino communities to see one of us nominated to lead our state’s highest court, but a candidate’s ethnicity cannot be the only qualification by which we measure his capability or commitment to guaranteeing justice for New Yorkers.”

The Senate Judiciary Committee will hold a hearing because Hochul wants to proceed, said Sen. Brad Hoylman (D-Manhattan), who heads the committee, said in an interview this month.

“I think anyone can count the votes and see this is a steep hill to climb, but that said, if the governor wants to persist with this nomination, it is our responsibility to review it in committee and provide the vetting that is so important, especially for this position,” Holyman said.

Still, Democrats may have strengthened their barrier to LaSalle’s nomination: The Senate voted this month to expand the Judiciary Committee from 15 to 19 members — three new Democrats and one new Republican. The new Democratic members all have publicly expressed uncertainty or “no” votes for LaSalle.

If the Senate Judiciary Committee was to vote to reject LaSalle, Hoylman said that could be equivalent to rejection from the entire Senate majority, despite Hochul’s different analysis of the matter.

Senate Judiciary Committee chair Brad Hoylman said Hector LaSalle will get a confirmation hearing, but recognized LaSalle faces an uphill battle toward being confirmed as chief judge.