Best views, weather, etc. How to test them 👓 SC, Ala. sites look back Betty Ford honored
NATION NOW
Leticia Astacio

New York's highest court removes embattled judge from bench

Gary Craig
Democrat and Chronicle
Judge Leticia Astacio's next court appearance is scheduled for Nov. 29, 2018, to argue motions on her weapons charge.

ROCHESTER, N.Y. – An embattled New York judge who had been convicted of driving drunk and accused of trying to buy a gun is, officially, no longer a judge.

In a unanimous decision, the New York State Court of Appeals removed Leticia Astacio from the Rochester City Court bench.

The state's judicial watchdog agency, the Commission on Judicial Conduct, in April recommended that Astacio be stripped of her judgeship. Astacio was convicted of misdemeanor drunken driving in 2016. 

Astacio appealed the commission decision to the state Court of Appeals, New York's highest court. But, in a stinging decision Tuesday, the Court of Appeals ruled that Astacio did not seem to grasp the "gravity and impact of her behavior" and how it tainted the public perception of "her fitness to perform her duties" and the overall perspective of the judiciary.

Sept. 11:New York Judge Leticia Astacio indicted on felony weapons charge

May 8:This judge is suspended, but appeals court says she still should receive her $187K salary

Without her removal, the Court of Appeals determined, "we conclude that any rupture in the public's confidence cannot be repaired."

Astacio did not respond to requests for comment Tuesday. On her front door, she posted a sign saying: "If I didn't invite you to my house, I didn't want you here and you're trespassing. No worries. Don't ring the bell, just leave and we'll forget about it. Namaste."

Her drunken driving conviction, by itself, probably would not have cost Astacio her judgeship. The commission also decided Astacio:

  • Tried to use her position as a judge to influence the State Police officer who arrested her for drunken driving.
  • Showed questionable temperament on the bench with several cases, such as when she told a jaywalker that, if there were not laws, she "would run (jaywalkers) over because it's disrespectful," or when she told a deputy to "tase" or "shoot" or "punch ... in the face" a 16-year-old girl who was fighting efforts to bring her into court. Astacio maintained the comments were in jest.
  • Failed to abide by mandates placed upon her after her arrest and conviction. She was once briefly jailed because of violations.

The Court of Appeals earlier suspended Astacio from the bench. She largely has been absent from work since her DWI arrest, after judicial administrators decided she should not hear cases. She has continued to collect her salary, which currently is $187,200. 

Her salary ended Tuesday. Her attorney could not be immediately reached for comment.

April 24:Embattled New York judge booted from bench two years after driving drunk, continuing to violate her probation

Feb. 27:Judge convicted of DUI back at work, but not on bench

In Tuesday's decision, the Court of Appeals questioned whether Astacio truly recognized how her own decisions were the seeds of her fall from grace.

Though Astacio "expressed some contrition," the Court of Appeals judges wrote that "we are unpersuaded that (Astacio) has genuinely accepted personal responsibility."

"To the contrary, she continues to point to external factors and justifications as excuses for her behavior," the decision states.

Neither the Court of Appeals nor the Commission on Judicial Conduct considered Astacio's latest troubles — a felony charge that she tried to purchase a shotgun in violation of her probation terms. She has pleaded not guilty to the charge.

Had the Court of Appeals not removed Astacio, the commission would have had to launch an investigation into the alleged attempt to buy the shotgun.

“It is never a pleasant duty to remove a judge from office," said Robert Tembeckjian, administrator of the Commission on Judicial Conduct, in a statement. "Where the misconduct is egregious, there is little choice, if public confidence in the administration of justice is to be preserved."

State Supreme Court Justice Craig Doran, the administrative judge for the region, said in a statement that for more than two years the Astacio case "dominated much of the public’s attention and conversation regarding our court system.

"This unfortunate distraction has not hindered the critically important work done on a daily basis, by the highly competent and caring judges, and dedicated court staff serving the people of this community," Doran said.

August 2017:Court official urges plea deal for judge who denied violating her probation

August 2017:Judge out of jail is now accused of violating probation. Is foot cream the culprit?

A former assistant district attorney and private lawyer, Astacio, a Democrat, pulled off an upset victory in 2014 when she defeated the party-endorsed candidate, Assistant District Attorney Bill Gargan, and Michael Lopez, an assistant public defender, to win the party primary. She then won the general election.

Astacio, a single mother, rose to the judgeship from a troubled background, largely putting herself through law school while raising her daughter. Some friends and colleagues in legal and judicial circles have been particularly struck by her fall, largely because they know how hard she pushed to make the strides she did.

Rochester Mayor Lovely Warren can now appoint an individual to the vacant City Court seat. That person would have to run for election in 2019.

Warren announced Tuesday that she would convene a screening committee, as has been done with past city court vacancies. The committee will solicit résumés, conduct interviews and forward three names to Warren for selection within 30 to 60 days of being impaneled, according to a city news release.

Follow Gary Craig on Twitter: @gcraig1

July 2017:New York judge leaves jail after serving 60% of sentence

July 2017:Judge sentenced to 60 days jail, 3 years probation

June 2017:New York judge found guilty, ordered to stay jailed

June 2017:Off-again, on-again lawyer can't get N.Y. judge out of jail

June 2017:Embattled N.Y. judge fires her lawyer via text from sister

June 2017:New York judge arrested, led from courthouse in handcuffs

Featured Weekly Ad