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Dem lawmakers want ethics overhaul for nominations in wake of chief judge fight

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ALBANY — A pair of Democratic senators are calling for ethic reforms following a heated fight over Gov. Hochul’s pick to head up the state’s judiciary.

State Sens. Michael Gianaris (D-Queens) and Brad Hoylman-Sigal (D-Manhattan) announced Monday legislation that they said is aimed at exposing the “influence of dark money in the nomination and confirmation process of state officials.”

The bill is a response to reports that a Delaware-based group spent between $75,000 and $100,000 to push senators to support the nomination of Hector LaSalle for chief judge of the Court of Appeals, the state’s highest court. The Albany Times Union detailed the spending efforts of the group, dubbed Citizens for Judicial Fairness.

The Senate Judiciary Committee voted down LaSalle’s nomination this month after a contentious public battle involving labor unions, prominent Latino leaders and progressive lawmakers.

LaSalle, the presiding justice of the Appellate Division in Brooklyn, would have been the first Latino chief judge in New York if confirmed.

Sen. Brad Hoylman asks Gov. Kathy Hochul's Chief Judge of the Court of Appeals nominee, Hector LaSalle, questions during testimony to the Senate Judiciary Committee Wednesday, Jan. 18, 2023, in Albany, N.Y.

Opponents argued that the former prosecutor was too conservative to lead the state’s sprawling court system.

LaSalle supporters, however, believe that the Senate was constitutionally required to hold a full floor vote on the nomination and the governor is still weighing legal action, heightening tensions between the governor and Legislature.

Governor Kathy Hochul

Gianaris, the deputy leader of the Democratic conference in the Senate, said reforms are needed to expose groups that use money to advocate in favor or against nominations.

“Today’s nominees can be tomorrow’s public officials, and it is crucial for the public to know to whom they might be beholden,” Gianaris said in a statement. “Our ethics laws must apply to dark-money efforts on behalf of or opposed to nominations so that the public can have more confidence in those who serve in their name.”

Senator Deputy Majority Leader, Michael Gianaris

The bill, which will be introduced this week, would require spending to influence nominations to be disclosed to the state Commission on Ethics and Lobbying in Government.

Currently, ethics laws require disclosures to the commission when entities are lobbying government officials in favor or against legislation, regulatory decisions or procurement matters. Nominations, including picks for the courts or administration appointments, are not covered.

“New York rightly shines a light on dark-money campaigns for and against legislation, but our laws are woefully inadequate when it comes to nominees before the Senate,” Hoylman-Sigal said. “These legislative actions are no less important, and New Yorkers need to know who is spending exorbitant funds to influence elected officials.”

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Denis Slattery

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