|In this June 8, 2017 frame from video provided by 13WHAM, Rochester City Court Judge Leticia Astacio, looks in the direction of her attorney during an appearance in a Rochester, N.Y., courtroom.|
The State Court of Appeals affirmed the suspension of judge Leticia Astacio on Tuesday but allowed her to keep her salary, according to the Democrat & Chronicle.
Earlier this month, Astacio's lawyers submitted paperwork requesting that she continue to get paid. Her pay increased to $187,200 per year as part of a salary increase for city court judges across the state.
Astacio's attorney Robert Julian stated that other judges have done worse and received lesser punishment.
According to the D&C, Julian argued that "it would be a further prejudice for her to be deprived of pay in the interim where other judges in a similar circumstance were paid."
Astacio is currently on probation after she was originally charged with drunken driving in April 2016. She was sentenced to a conditional discharge, however, she was arrested again in November 2016 for attempting to start her vehicle after testing positive for alcohol on the ignition interlock device.
In May 2017, she skipped a court-ordered alcohol test and failed to appear, having departed for a lengthy trip to Thailand. She was sentenced to 60 days in jail and put on probation.
The Commission on Judicial Conduct voted to remove Astacio from office last month. She has until May 24 to appeal the Commission's decision.
Last month, Astacio also attempted to buy a shotgun from Dick's Sporting Goods. The store refused her. She was arrested and charged with a felony for trying to buy a gun, a violation of her probation.
The proceedings to remove Astacio from her judgeship began before the gun incident.
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Rochester judge still suspended, will continue to get paid