ALBANY, N.Y. (NEWS10) — After weeks of back and forth between Senate Democrats and Republicans on whether a chief judge nomination must go on to a floor vote after a Senate Judiciary Committee hearing — the judge now ruling it must.

The decision stated, “… The court must conclude that the failure to submit an appointment to a full vote of the Senate within 30 days of receipt of the nomination from the governor is unconstitutional.”

This comes after Senate Democrats argued the chief judge nomination of Hector LaSalle could be rejected in a committee hearing. Senate Republicans, however, argued all senators should take part in the vote, not just those on the judiciary committee.

Days after a lawsuit was filed by Republican Senator Anthony Palumbo, the Senate held a floor vote. The nomination shot down once again. 

Senate Minority Leader Rob Ortt releasing a statement saying in-part, “ Today’s decision from Judge Whelan confirms that Senate Democrats once again, disregarded the state constitution to support their partisan objectives…This decision will have a significant role in protecting the independence of New York’s judicial system from far left politicians.”

A spokesperson for the Senate Majority said they are reviewing the decision.

At this time it’s unclear who Governor Hochul’s next pick for chief judge will be.