A battle over the future of New York’s courts is heading to the state Senate Wednesday.

Gov. Kathy Hochul has faced unexpected opposition from fellow Democrats to her nomination of Hector LaSalle to be chief judge of the state’s highest court, the New York Court of Appeals.

If approved, LaSalle would make history as the state’s first Latino chief judge. But critics say LaSalle’s record is too conservative.

What You Need To Know

  • Gov. Kathy Hochul's choice for chief judge of New York's court system, Justice Hector LaSalle, will go before the state Senate Judiciary Committee for a hearing Wednesday

  • It remains unclear if LaSalle has enough votes to pass committee and move to the full state Senate for a floor vote

  • Critics say LaSalle's record is too conservative, but supporters argue that record is being distorted

After weeks of attacks on LaSalle from critics, and counter-attacks from his supporters, it’s all expected to come to a head in a hearing before the state Senate’s Judiciary Committee on Wednesday.

It will be the first time LaSalle has the opportunity to answer questions about his record. Whether he will have enough votes for his nomination to move forward remains an Albany mystery.

“As far as I am concerned, it’s anyone’s guess. I do expect it to be a close vote,” said Brooklyn state Sen. Andrew Gounardes, a member of the Judiciary Committee. “And a pretty involved discussion, for sure.”

There are 19 members of the Senate Judiciary Committee, meaning ten votes are needed for LeSalle’s nomination to move ahead to a vote of the full state Senate.

Democrats recently added new members to the committee who have vowed to vote “no.” And according to the chair of that committee, a majority of “no” votes among committee members means the nomination is dead.

“It’s our position, and it’s my understanding, that the committee vote is sufficient to determine whether advice and consent has been granted to the governor for this nomination,” said Judiciary Committee Chair Brad Hoylman, a Manhattan Democrat.

Some state senators who have misgivings about LaSalle’s rulings from the bench say they want to hear from the nominee first, before making up their minds.

“I do have some concerns, but I think it’s important for us to review the record, and to hear him answer questions,” said Brooklyn state Senator Zellnor Myrie, another member of the Judiciary Committee. “That’s what we are going to be doing tomorrow, and we will see what happens.”

Over the weekend, Hochul rallied with supporters for LaSalle’s embattled nomination.

“One of the highest responsibilities I have is to nominate judges and, ultimately, chief judge when there is a vacancy on the Court of Appeals,” Hochul said Saturday. “I took that process seriously. I examined all the records. I saw the cases, including the ones that are being maligned and used against him. And they are false!”

Hochul maintains that LaSalle deserves a full floor vote, regardless of what happens with the Judiciary Committee’s vote. With previous judges, senators have been able to vote “yes” but without recommending them for a “yes” vote from the full state Senate.