Dear Governor Hochul:

We write as Jewish lawyers to urge you to withdraw your nomination of Justice

Hector LaSalle for Chief Judge of the New York Court of Appeals. We are called by our
Jewish and American values to defend the rule of law, including the right to privacy
and reproductive freedom, the right to associate freely and to demand better
working conditions, and the right to justice in the criminal legal system. We are
deeply concerned that elevating Justice LaSalle to Chief Judge would pose
considerable danger to these core Jewish values.

In writing, we join our voices with many others in New York — including lawyers,
leaders, and politicians in Latine, Black and Brown communities — who have spoken
out in opposition to LaSalle. We write on the basis of our Jewish values, but our
concerns about Justice LaSalle are shared by many communities across the state.

It is important to us as attorneys to raise the stature of the Court of Appeals. Under

the Court’s prior leadership, there was a sharp, precipitous decline in the number of
cases the court heard and the number of written decisions issued with substantive
explanation. The Court of Appeals holds the final say as to what the law in the state is
and what it means. The recent hard-right turn on the federal Supreme Court only
emphasizes the importance of state high courts.

Key to having a balanced and diverse bench is having a multiplicity of experiences,

educations, and backgrounds represented on the Court. Justice LaSalle is yet another
former prosecutor—a perspective that is well-represented already on the Court. . We
are particularly concerned at the absence of any judge on the Court of Appeals with a
background in public defense or legal services. President Biden has shown admirable
interest in appointing such judges to the federal bench, and we urge you to follow his
lead, withdraw this nomination, and take the opportunity to choose a Chief Judge
who will bring to the Court the experience of working for the most vulnerable New
Yorkers.

As Jewish attorneys, we are concerned about Justice LaSalle’s broad record, but are
especially concerned about Justice LaSalle’s record in three crucial areas. First, he
has shown himself hostile to reproductive rights, including the right to abortion,
especially in his decision in Matter of Evergreen Ass’n, Inc. v. Schneiderman. Access to
abortion is a key Jewish value, and indeed there are times when halakha not only
permits but requires a Jewish person to have an abortion. Second, Torah creates
strong obligations on the rights of workers and the prohibition of their exploitation;
Justice LaSalle has repeatedly shown himself hostile to workers’ rights, most
notoriously in Cablevision Sys. Corp. v. CWA Dist. 1. Finally, as Jews we are required to
remember that we were strangers, slaves, and outcasts in the Land of Egypt, and
thus that we must defend the rights of immigrants, criminal defendants, and the
poor. Justice LaSalle has, in decisions like People v. Bridgeforth and Matter of Tyler L.,
disregarded due process rights of defendants.

The Torah demands of us, “Justice, justice you shall pursue” (Deut. 16:20). It is in
that spirit that we write to you today. We urge you to withdraw your nomination of
Justice LaSalle and instead to “appoint judges . . . [who] shall govern the people with
due justice” (Deut. 16:18).

Sincerely,
[signers]