The nominating process for a new chief judge candidate will formally get underway after the chief clerk at the state's highest court in a letter sent Friday declared a vacancy in the post.
The letter from Chief Clerk Lisa LeCours comes two days after the Democratic-led state Senate rejected the nomination of Hector LaSalle to become the chief judge.
LeCours' letter sent to the counsel of the Commission on Judicial Nomination will trigger the start of a new process for a candidate.
The commission, appointed by members of the state Legislature, the governor and the judiciary, will select a slate of potential candidates. Gov. Kathy Hochul will choose from those candidates a nominee for state Senate consideration.
Hochul's selection of LaSalle in December was met with instant opposition from progressive advocates and key labor unions who had raised concerns with his judicial record on labor issues and criminal justice policy. LaSalle during a confirmation hearing in January defended his record, arguing it had been taken out of context.
The state Senate Judiciary Committee rejected his nomination, an unprecedented action for a nominee to New York's top court. Hochul did not move to formally withdraw LaSalle and in the weeks after the committee's vote did not rule out a lawsuit to force a full floor vote.
Last week, a Republican-backed lawsuit sought to force a vote on the state Senate floor and a hearing has been scheduled for Friday. With the hearing pending, Democrats in the state Senate held a last-minute vote which rejected LaSalle, 20-39.
Hochul has called LaSalle qualified, but acknowledged the nominating process would have to begin again. Hochul has not given a public indication as to what qualities she will seek in a new chief judge nominee. She has previously said she wants a candidate who can one day serve on the U.S. Supreme Court, but also someone who can be an effective administer of the state's court system.
Democrats in the state Senate, meanwhile, have signaled they want someone who change the "trajectory" of the court, which progressives have argued has move too far to the right on labor and criminal justice concerns.
LaSalle would have been the first Latino chief judge if confirmed.
The Commission on Judicial Nomination later on Friday in a statement said it will begin the process again to fill the chief judge vacancy at the state Court of Appeals and is seeking recommendations for a slate of potential nominees.
The commission has 120 to recommend a list of seven candidates to Hochul. Previous candidates who have submitted information do not need to do so again, the panel said.