In a remarkable and possibly unprecedented action, the New York State Senate has declined to vote on Justice Hector LaSalle's nomination as Chief Judge of the Court of Appeals. Instead, it relied on its Judiciary Committee's disapproval. This was inconsistent with the senate's constitutional duty.

Let's start with some salient facts. In a clear and unambiguous provision, Article VI §2(e) of the state constitution provides that the Governor shall appoint a judge of the court "with the advice and consent of the senate." Also pursuant to the constitution, the nominee must be from among those recommended by the Commission on Judicial Nomination. The Commission having reported seven prospective candidates, on Dec. 22, 2022, Governor Hochul nominated Appellate Division, Second Department's Presiding Justice LaSalle. The senate then had 30 days to act.