Republicans in the New York state Senate are suing Senate Democrats to force a floor vote on Gov. Kathy Hochul's embattled nominee, Judge Hector LaSalle, to be the next chief judge of the state Court of Appeals after he was recently rejected by the Senate Judiciary Committee.

"The New York State Constitution is clear, Judicial nominations must be considered before the full State Senate," said GOP state Sen. Anthony Palumbo, ranking member of the Senate Judiciary Committee, in a statement Thursday afternoon. "As such, the Judiciary Committee, no matter its size, serves only as an advisory body, providing "advice and consent" to the entire Senate Membership. Justice LaSalle is entitled to an up or down vote by the full State Senate, not as a courtesy, but because the Constitution requires it."

What You Need To Know

  • The ranking member on the state Senate Judiciary Committee is suing Democrats for refusing to advance Judge Hector LaSalle to the full state Senate for a floor vote last month

  • LaSalle was Gov. Kathy Hochul’s nominee for New York State's chief judge who was rejected by the Judiciary Committee

  • Some Legal scholars believe the state constitution requires advice and consent of the full senate, not just a committee

  • Suing to force a floor vote was one of the options floated by Hochul's team after the panel rejected her nominee

The suit specifically mentions the state Senate Democrats on the Judiciary Committee, as well as state Senate Majority Leader Andrea Stewart-Cousins.

“We have not been served regarding any lawsuit. It is embarrassing but not surprising that the Senate Republicans have no basic understanding of law or the constitution,"  Mike Murphy, a spokesperson for the state Senate Democrats, said in a statement.

LaSalle has been criticized by liberal Democrats, questioning his commitment to organized labor and legalized abortion.

Palumbo, who represents Long Island's East End, exchanged words with Judiciary Committee Chairman Brad Hoylman-Sigal, a Manhattan Democrat, after LaSalle’s was voted down by the committee in a 10 to 9 vote last month, with only two Democrats on the 19-member committee voting to advance his nomination to the full state Senate floor.

“Chairman, I just want to know if the nomination is going. Is it going to the floor or is it being held by the committee?” Palumbo asked.

“The nomination is lost,” Hoylman-Sigal said. “And we will proceed based on that information.”

“Well, chairman I do have then, I make a motion to move the nomination to the floor of the Senate —“ Palumbo said before being interrupted by Hoylman banging the gavel.

“The meeting is adjourned,” Hoylman concluded.

A judicial candidate nominated by a governor has never been rejected by lawmakers in the years since the process was changed more than 40 years ago. 

“It’s never happened before that a candidate for the New York State Court of Appeals has not received a full Senate floor vote,” says CUNY School of Law Professor Natalie Gomez-Perez. “We are in uncharted waters at this point. And the process matters. Fairness matters. An actual hearing and an up or down vote by the full Senate is required under New York State’s constitution.”

Not only was LaSalle the first chief judge nominee to be rejected by the state Senate, but he’s also the only one ever to be rejected by the Judiciary Committee. By comparison, Of the 37 U.S. Supreme Court Justice nominees who were unsuccessful, only 11 were rejected by the U.S. Senate. And in each of those cases it was a full floor vote that rejected the nominees, not a committee.

Republicans had criticized Democrats early on as many of their members had publicly vowed to vote against LaSalle before any hearings were held.

Suing to force a floor vote was one of the options floated by Hochul's team after the panel rejected her nominee.

Hochul declined to comment on the suit, but spoke about LaSalle in an exclusive interview on "Inside City Hall" last week.

“We have to strike the right balance here. I read the constitution very clearly,” Hochul told host Errol Louis. “It says that the governor names an individual to lead the courts with the advice and consent of the Senate. The word Senate is very clear to me.”

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