LIT COMMENTARY
A recurring theme. Drunk (former) judges behavin’ badly.
Former Judge Astacio Sentenced to Jail Time for Violating Probation
Former Rochester City Court Judge Leticia Astacio has been sentenced to six months in jail for violating probation.
PUBLISHED Nov. 26, 2019 | REPUBLISHED by LIT; Nov. 28, 2020
During a hearing on Tuesday, Astacio pleaded guilty to missing probation appointments on August 13 and 20.
For that, Ontario County Court Judge Lisa Toole, who is presiding over the case, sentenced Astacio to serve 180 days in jail.
“I’m not happy about it. I’m not going to tolerate it. Your actions show you do whatever you want to do, whenever you want to do it. It stops today and it stops now.” said Judge Toole.
Astacio was handcuffed and taken into custody immediately following sentencing. Before she was led away, Judge Toole told Astacio she has single-handedly changed the view the community has on the judicial system, calling what she’s done appalling.
Astacio is also accused of failing to abstain from using or possessing alcoholic beverages.
She allegedly tested positive for alcohol in June and failed to cooperate with the Ignition Interlock Program. During Tuesday’s hearing, she admitted to not showing up for probation hearings, but would not admit consuming alcohol or failing to cooperate with the Ignition Interlock Program.
During a court appearance in late October, Astacio said she intentionally stopped going to probation to get a violation of probation order, so she could get in front of a judge and argue that the sentence she continues to serve is illegal.
Astacio said the last few years have been difficult, stressful and embarrassing for her. The judge and senior assistant district attorney said this was nothing but a result of her own actions.
“Everything that has happened to Ms. Astacio has happened because of her choice,” said Chris Kvam, a senior assistant district attorney for Monroe County.
“Those choices started with her decision to consume alcohol and get behind the wheel. Those decisions continued after her sentence after her trial where she did not adhere to the restrictions of the interlock device and she put herself where she is today.”
The former judge has been on probation since she was convicted of DWI in 2016.
She was later removed from her seat on the court by the New York State Court of Appeals.
Astacio has been accused of violating her probation before.
Most notably when she was accused of trying to buy shotgun at a local Dick’s Sporting Goods store. She was found not guilty in that case and was allowed to keep her law license. Since then, she has continued to work as an attorney and even represented herself in this matter.
Once Astacio’s jail time has been served, her probation will be terminated and the case will officially be over.
Former Rochester city court judge Leticia Astacio is back in court today after allegedly violating the terms of her probation. pic.twitter.com/eUbF5n7825
— Jillian Parker (@JillianParker_) November 26, 2019
Former Judge Astacio Accused of Violating Probation
Former Rochester City Court judge Leticia Astacio is again in trouble with the law.
PUBLISHED Oct. 22, 2019
She’s accused by the Probation Department of violating her probation on three separate occasions this past summer.
Astacio is now a practicing attorney. She was removed from the bench last year after a 2016 DWI conviction.
This was followed by significant publicity for her alleged behavior and activities in the months that followed.
Documents filed in City Court state that Astacio violated the terms of her probation by failing to report on August 13 and 20.
It also says that Astacio failed to cooperate with the Ignition Interlock Program on June 11.
In addition, the documents charge that Astacio failed to abstain from using or possessing alcoholic beverages and other mood-altering drugs unless prescribed by a doctor on June 11. Astacio tested positive for alcohol at the probation offices.
The documents filed say she denied drinking, but did admit to consuming another substance — redacted in the court papers — that contains a small amount of alcohol.
When asked to comment, Astacio said she “will not confirm the charges, either that they exist or what they are.”
Astacio will face a judge once again on this alleged violation of probation charged.
She’s scheduled to appear in court on Friday, with a judge from Geneva traveling to Rochester to preside.
In April, a jury found Astacio not guilty of violating her probation by attempting to purchase a firearm, which allowed her to keep her license for practicing law in New York State.
Under the terms of her probation for that 2016 DWI conviction, she was prohibited from owning or purchasing a firearm, but a jury ruled it was unclear whether Astacio was close to obtaining a gun after watching surveillance footage of a conversation she had with a sales clerk.
Earlier this year, she launched an unsuccessful bid for Rochester City Council, coming in third place with 24 percent of the vote for the Northwest District seat.
Help us out with Judge Pat’s static calculations about #Austin #RealEstate would y’all? @Altisource or @zillow @IRStaxpros @KPMG_US @DeloitteUS @EY_US @AccountingToday @taxtweet @taxgirl @gregkyte @ABoR_REALTORS @TXRealtors @realtyaustin @realtordotcom @FeedingAmerica @niravtolia https://t.co/LVBljeIZou pic.twitter.com/OPc9v5vdMa
— LawsInTexas (@lawsintexasusa) November 27, 2020
Astacio: “My Sentence Was Illegal”
Former Rochester City Court Judge Leticia Astacio who’s accused of violating her probation three times this summer returned to court Friday.
PUBLISHED Oct. 25, 2019
The Monroe County District Attorney’s Office was ready to prosecute Astacio for the alleged violations, which include failing to report to probation on two separate occasions and failing to abstain from using or possessing alcoholic beverages. Astacio is accused of testing positive for alcohol in June and failing to cooperate with the Ignition Interlock Program.
Astacio, representing herself, asked for a pre-trial conference but was denied. She said she intentionally stopped going to probation to get a violation of probation order, so she could get in front of a judge and argue that the sentence she continues to serve for the 2016 DWI is illegal.
“I had filed several motions with the court indicating that I thought my sentence was illegal,” said Astacio. “Even to my most recent motions saying I still have an ignition interlock in my car for over three years. I don’t know how else to get before the court because this is continuing and I believe it’s been illegal the entire time.”
Astacio, who was removed from the bench but remains an attorney, argued in court that it is not possible to carry out her duties while on probation.
“I’m not asking for hearings,” said Astacio. “I’m not asking for monitors, judge, I’m throwing myself on the mercy of the court. I’m saying I cannot comply with probation and continue to have a successful practice. It’s not possible. It’s difficult for me to access the jail. I am a criminal defense attorney.”
During the court proceeding, the prosecution requested Astacio be given a SCRAM ankle bracelet which determines if someone has been drinking alcohol. The judge denied that request.
Astacio’s next court date is set for November 12.
Court Ruling: “Although Astacio initially took productive steps in response to her DWI arrest, we are unpersuaded that she genuinely accepted personal responsibility. To the contrary, she continues to point to external factors and justifications as excuses for her behavior.” #ROC
— Spectrum News ROC (@SPECNewsROC) October 16, 2018
Panel Being Assembled to Nominate Astacio’s Replacement
Mayor Lovely Warren has started to assemble the panel that will select Leticia Astacio’s replacement on the Rochester City Court.
PUBLISHED Oct. 18, 2018
The panel, set to be completed by the end of the week, will meet at least four times to consider candidates for the bench.
The panel will provide a list of finalists to Warren, who will make the appointment.
The committee is led by City Corporation Counsel Tim Curtin, who says no politics will be played in filling this seat on the bench.
“They may have affiliations with political parties, but they will be the best candidates and the most qualified candidates to be chosen from,” he said. “There’s no political fix.”
Candidates must be licensed attorneys in New York State and residents of Rochester.
The committee will be made up of members of the Monroe County Bar, The Rochester Black Bar Association and Greater Rochester Association for Women Attorneys.
A retired judge, a local attorney and a community member will also join the judicial screening committee.
Astacio was removed from her seat on the court Tuesday by the New York State Court of Appeals.
“After sustaining six charges of misconduct involving petitioner Leticia D. Astacio’s behavior both on and off the bench, the State Commission on Judicial Conduct has recommended that petitioner be removed from her judicial office as a Judge of the Rochester City Court.”
Astacio appealed the JCC’s decision to remove her from the bench, and motioned to be censured, rather than removed altogether, but the court of appeals ultimately ruled in the commission’s favor.
Court paperwork says the commission concluded that Astacio’s actions violated the Rules Governing Judicial Conduct, which prescribes that judges must “participate in establishing, maintaining and enforcing high standards of conduct” for themselves and others to preserve “the integrity and independence of the judiciary.”
2021 Most Wanted Stamp Collection Part I.
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No Bull. Just the Truth.
We Light Up Corruption. pic.twitter.com/pA4Lu6rI5H— LawsInTexas (@lawsintexasusa) December 24, 2020
According to the ruling, Astacio’s removal comes from personal misconduct that followed her initial arrest. The court states that Astacio was discourteous to arresting officers, sought preferred treatment from them and violated the terms of her conditional discharge by “ignoring orders of the court and leaving the country for an extended vacation without notice to the court or her lawyer.”
Astacio, whose highly-publicized legal saga began two years ago, returned to work on March 1 for the first time since August, 2017.
Despite not working, she received a pay raise of more than $11,000 on April 1, bringing her yearly salary to $187,200. As of Tuesday, she will no longer be receiving pay checks.
The court paperwork also said that Astacio failed to disqualify herself from presiding over the arraignment of a former client and attempted to exercise her discretion to have his case transferred in a manner which she thought might benefit him.
Additionally, the court found that Astacio, on other occasions, made discourteous, insensitive, and undignified comments in court.
The findings state “the sanction of removal typically is ‘reserved for truly egregious circumstances that extend beyond the limits of even extremely poor judgment.’ It must also be kept in mind ‘that the truly egregious standard is measured with due regard to the higher standard of conduct to which judges are held.’”
#BREAKING: Leticia Astacio is officially removed from bench — state court of appeals accepts judicial committee’s sanction of removal. https://t.co/ljxEkFNR0h #ROC
— Spectrum News ROC (@SPECNewsROC) October 16, 2018
Administrative Judge Craig Doran, Astacio’s judicial supervisor, released a statement regarding the decision, saying in part:
“For more than 2.5 years, one matter has dominated much of the public’s attention and conversation regarding our court system. During this time, hundreds of judges and staff have come to work each day, ready to deliver justice in thousands of cases involving many of the most challenging issues facing our neighborhoods, schools and businesses.
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.”
Astacio’s case has had many twists and turns since she was first arrested for drunk driving in 2016. She spent time in jail and was accused of violating her probation. Astacio was suspended with pay then, a decision upheld by the court of appeals following Astacio’s arrest in April on the felony gun charge. Court paperwork says Astacio was denied the purchase of the gun by Dick’s employees because they said she seemed “very distraught and upset.”
Astacio most recently pleaded not guilty to that felony gun charge on October 1 and is scheduled to return to court for an appearance on November 29.
Rochester Mayor Lovely Warren (D) announced Tuesday that she will convene a judicial screening committee to fill the vacancy.
“Rochester’s City Court is the court with jurisdiction closest to our citizens and I take my responsibility to fill the vacancy on this Court very seriously,” said Warren in a statement. “Our residents deserve a Judge of the highest caliber and I intend to follow a process that will be transparent and inclusive in finding the best and highest qualified individual to sit on the Rochester City Court bench.”
Astacio’s comments in and outside of court, her missing court because she was overseas, and subsequent probation violations have garnered her extensive media attention throughout this legal saga.
The now-former judge took to Facebook to express her feelings following the court’s ruling.
Safe to say everyone in Rochester knows who Leticia Astacio is, after 2+ years in a highly-scrutinized spotlight, and most have an opinion. At the Hall of Justice, some remain in her corner, others not so much—all talking about how she’s no longer a judge.https://t.co/0uOZ3HekXz pic.twitter.com/3ZVAYRLcRF
— Spectrum News ROC (@SPECNewsROC) October 16, 2018
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Here’s a former assigned Judge along with Lagoa (a judge on the hand-selected 3-panel decision) authoring a Sept 29th per curiam opinion citing the law. This was not applied in case no. 19-13015 Instead they corruptly controverted their opinion to exclude perjury by Judge Marra. pic.twitter.com/0mSWrmODfD
— LawsInTexas (@lawsintexasusa) November 12, 2020
Lloyd Goode
June 11, 2021 at 4:26 pm
She has my vote (Leticia Astacio
Lori Halderson
August 23, 2022 at 7:51 pm
I hope they have plenty of room for all of the rest…
Lauren Williamson
November 29, 2022 at 2:15 pm
What a lowlife of a person. Another POS who thinks they’re above the law, then continues toa refuse to comply.
Pamela Gorham
January 27, 2023 at 5:04 pm
What has happened to Judges in this County or State that have committed similar offences?