Hector LaSalle, the governor’s nomination for chief judge, is a moderate jurist who, according to his peers, could restore New York’s COVID-ravaged courts and enhance the state’s judicial system if only liberal Democrats would give him a chance.
“If you wish to reduce crime and maintain the administration of justice… Former Chief Judge Jonathan Lippman stated, “You need someone who understands the institution, how it operates, and how the courts operate, and who would understand that better than [LaSalle]?”
The liberal ex-judge continued, “This is how you help people: by giving them their day in court and justice.”
Lippman said that there is much more to the position of chief judge than sitting in court and writing legal opinions, reflecting on his own years administering the court system and its billion-dollar budget within the raucous Albany political environment.
Such attention to detail by LaSalle – who, if confirmed by the state Senate, would become the first Latino to lead the Court of Appeals – also applies to the courtroom, say admirers, who include outspoken criminal justice reformers.
Even Brooklyn District Attorney Eric Gonzalez supported LaSalle’s record, stating to The Post, “I am intimately familiar with Judge LaSalle’s extensive judicial record finding for people who have been let down by our criminal justice system.
“He has repeatedly sided with defendants who were denied a fair trial due to prosecutorial misconduct or error, ineffective defense counsel, or erroneous decisions by trial judges,” he noted.
Activists, union leaders, and at least a dozen Democratic state senators oppose his nomination by “cherry-picking” a handful of unpopular judgements while dismissing his capacity to streamline the court system in the face of increased crime, as described by Lippman.
This legislative expertise was a major factor in Hochul’s selection of LaSalle out of seven candidates examined by a state panel.
Hazel Crampton-Hays, a Hochul spokeswoman, told The Post on Thursday, “Judge LaSalle’s extensive experience demonstrates he is the best person to do exactly that.” “Governor Hochul has made it clear that she is committed to ensuring that our courts are operating as efficiently and effectively as possible to ensure the safety and justice of all New Yorkers.”
According to former judicial colleagues, LaSalle earned a name for himself as a fair-minded judge shortly after joining the Second Department eight years ago.
Soon after his 2021 appointment by then-governor Andrew Cuomo to head over the Second Department, which now has almost a dozen judges, hundreds of workers, and a $69 million budget, he received praise for his administrative acumen as well.
William Mastro, a veteran appellate judge, told The Post that the court was in a terrible situation at that time. “To say morale was low would be an understatement.”
According to colleagues judges, things turned around after LaSalle began trimming administrative fat, removing unproductive workers, and clearing a backlog of thousands of cases despite lacking a roster of roughly two dozen judges.
The former Suffolk prosecutor’s talent for listening and experience on both sides of the bench have won him an increasing number of friends among criminal defense, prosecutors, judges, and court employees.
“If he’s asking you to do something, it’s only because he’s done it before and he’s working twice as hard as you. He has a great deal of credibility with his coworkers — a great deal of credibility. I don’t think you’ll ever run into somebody who has ever worked with him who has a different opinion,” Mastro added.
Lippman, a former chief judge, asserts that LaSalle possesses the managerial skills necessary to restore state courts following pandemic interruptions.
In the wake of former Chief Judge Janet DiFiore’s scandal-tainted retirement from the state’s highest court last year, proponents believe LaSalle could instill similar faith in the court.
“This guy is as balanced a judge as I’ve ever seen,” a sitting state court judge told The Post. “He’s no dying heart liberal, but he is no rightwing ideologue. He examines the case’s circumstances and applies the appropriate law,”
His left-leaning detractors claim that his confirmation for a 14-year term would push the seven-member court to the right, particularly on contentious matters such as reducing cash bail, which progressives argue makes the criminal justice system fairer for those accused of a crime.
In a review of LaSalle’s judicial record published on Thursday, Albany Law School Professor Vincent Bonventre commented, “A careful and somewhat closer look at these cases does not actually demonstrate LaSalle to be the ideological conservative that his opponents claim.”
In the meantime, Hochul has highlighted how a successful leader of the state courts may prevent many New Yorkers from unnecessary jail time by making the judicial system more efficient following several years of disruptions caused by the pandemic.
She stated in an opinion piece published on December 23 that pending misdemeanor and felony cases have climbed by 55% and 17%, respectively, while adding that his leadership qualities might keep many people safe from escalating crime and unneeded incarceration.
“The pandemic took a major toll on the operations of the courts and our new chief judge must work aggressively to return court activity, especially criminal proceedings, to pre-pandemic levels to protect public safety,” Hochul said.
If confirmed by the state Senate, LaSalle would be the first Latino chief judge in American history.
Never have legislators rejected a governor’s choice for chief judge.
Given the amount of far-left Democratic state senators opposing his nomination and the recent rule change by their legislative supermajority to jam the Judiciary Committee with probable no votes prior to a confirmation hearing, this could change this time around.
Thursday, Deputy State Senate Majority Leader Michael Gianaris told WNYC, “The outgoing chief has been deemed by many to be the worst Court of Appeals administration in modern history, and many of us are eager to see the court regain its stature and get back on track.”
“I do not believe this to be a close call. He continued, “Justice LaSalle represents the status quo on this Court of Appeals.”
Approximately 50 out of 63 members of the state Senate, including more than two dozen Democrats, have yet to officially announce whether they will support or oppose his candidacy.
While LaSalle lacks the progressive credentials necessary to overcome opposition from the political left, labor unions and other Democratic senators’ allies argue that his leadership abilities should compel state senators reconsider their final decision to reject him.
The incumbent state court judge remarked, “One of the things I discovered about him is that he is a gentleman, even when the other side is spewing nonsense.”
What you want in an administrator is someone who is patient and willing to listen and try to identify where a solid concept exists, expound on it, and execute it, regardless of who it comes from.
Carl Campanile has added reporting.
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