Leticia Astacio is, officially,
no longer a City Court judge.
In a unanimous decision, the Court of Appeals Tuesday removed Astacio from the 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.
Without her removal, the Court of Appeals determined, "we conclude that any rupture in the public's confidence cannot be repaired."
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Her drunken driving conviction, by itself, likely would not have cost Astacio her judgeship. The commission also decided that 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.
She will no longer receive her salary. Her attorney could not be immediately reached for comment.
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," Commission on Judicial Conduct Administrator Robert Tembeckjian said 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.
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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.
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 be led by city Corporation Counsel Tim Curtin, and include a community member, a retired judge, a practicing lawyer and representatives from the Greater Rochester Association of Women Attorneys and the Rochester Black Bar Association. The committee will solicit résumés, conduct interviews and forward three names to Warren for selection within 30 to 60 days of being empaneled, according to a city news release.
