NEW YORK STATE

COMMISSION ON JUDICIAL CONDUCT

ROBERT H. TEMBECKJIAN MARISA E. HARRISON
ADMINISTRATOR & COUNSEL CORNING TOWER, SUITE 2301 PUBLIC RECORDS OFFICER
EMPIRE STATE PLAZA
ALBANY, NEW YORK 12223

518-453-4600 518-486-1850
TELEPHONE FACSIMILE
www.cjc.ny.gov

NEWS RELEASE
April 24, 2018

Robert H. Tembeckjian, Administrator

Contacts: Marisa E. Harrison, Public Records Officer
(518) 453-4614

Rochester City Court Judge Leticia Astacio Should Be Removed for

Driving While Intoxicated and Subsequent Exacerbating Conduct, and
On-the-Bench Misconduct in Four Cases

The New York State Commission on Judicial Conduct has determined that Leticia
D. Astacio, a Judge of the Rochester City Court, Monroe County, should be
removed from office.

The removal decision is based on the following conduct:

Judge Astacio was convicted of DWI in August 2016, in an episode that

commenced when she was found in her seriously damaged car on the side of the
road. She aggravated the situation by her profane and angry reaction to the
investigating trooper, and by invoking her judicial office in an attempt to evade the
consequences of her arrest. The judge was sentenced to a one-year conditional
discharge.

In the next months, she was found to have violated the terms of her conditional
sentence on two occasions. In November 2016 she pled guilty to attempting to
 NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

April 24, 2018

Page 2

start and operate her vehicle while testing positive for alcohol on the ignition
interlock device in her car.

In May 2017 she failed to provide a court-ordered alcohol test and failed to appear
in court as ordered, having departed for a lengthy trip to Thailand. Her conditional
sentence for Driving While Intoxicated was revoked and she was sentenced to 60
days in jail and three years’ probation.

The Commission also found that Judge Astacio engaged in misconduct on the
bench by failing to disqualify herself from conducting the arraignment of a former
client and by making discourteous, insensitive and undignified comments from the
bench while presiding over three cases. For example, (1) she told a sheriff’s
deputy that he should “tase” or “shoot” or “punch” an allegedly obstreperous
defendant “in the face” and (2) in a sexual abuse case, she laughed when the
defendant’s attorney said that the alleged victim had “buyer’s remorse” and later
said she thought the comment was “freakin hilarious” even while acknowledging
that the prosecutor was “offended.”

In its determination the Commission stated:

“The totality of [Judge Astacio’s] misbehavior as shown in the record

before us – her operation of a vehicle while under the influence of alcohol,
resulting in her conviction for Driving While Intoxicated; her assertion of
her judicial position in attempting to avoid the consequences of her arrest;
her repeated willful violations of the terms of her conditional discharge;
and her improper conduct on the bench – demonstrates her unfitness for
judicial office and requires the sanction of removal.”

Judge Astacio has served as a Judge of the Rochester City Court since 2015. Her
current term expires on December 31, 2024.

The Commission Proceedings1

After a thorough investigation, Judge Astacio was served with a Formal Written
Complaint dated May 30, 2017, containing five charges, and filed an amended
answer dated September 11, 2017. The judge was served with a Second Formal
Written Complaint dated August 3, 2017, and filed an answer dated September 11,
2017.

1
A timeline of events involving Judge Astacio is appended.
 NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

April 24, 2018

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The Commission designated Mark S. Arisohn, Esq., as referee to hear and report
proposed findings of fact and conclusions of law. A hearing was held on October
17 to 19, 2017, in Syracuse, New York. Transcripts were prepared and the parties
submitted briefs to the referee, who filed a report dated March 5, 2018.

Counsel to the Commission filed a brief recommending the confirmation of the

referee’s report and the sanction of removal, and the judge’s counsel conceded that
the judge engaged in some misconduct and argued that removal was too harsh. On
April 12, 2018, the Commission heard oral argument.

The Commission Determination

The Commission filed a determination dated April 23, 2018, in which all 10
members concurred: Joseph W. Belluck, Esq. (the Commission Chair), Paul B.
Harding, Esq. (the Vice Chair), Jodie Corngold, Judge John A. Falk, Taa Grays,
Esq., Judge Leslie G. Leach, Judge Angela M. Mazzarelli, Marvin Ray Raskin,
Esq., Richard A. Stoloff, Esq., and Akosua Garcia Yeboah.

Court of Appeals Review

The Commission transmitted its determination to the Chief Judge of the Court of
Appeals, pursuant to Judiciary Law Section 44, subdivision 7. Judge Astacio
received it on April 24, 2018, and the Commission was subsequently notified by
the Court of Appeals that service was complete. Consequently, the matter is now
public.

A judge may either accept the Commission's determination or, within 30 days
from receipt, make a written request to the Chief Judge for a review of the
determination by the Court of Appeals.

Pursuant to Judiciary Law Section 44, subdivision 7, if Judge Astacio does not
request review by the Court of Appeals, the Court of Appeals will remove her in
accordance with the determination.

If a Commission determination is reviewed by the Court of Appeals, the Court

may accept the determined sanction, impose a different sanction including
admonition, censure or removal, or impose no sanction.
 NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

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Statistics Relating to Prior Determinations

Since 1978, the Commission has issued 172 determinations of removal against
judges in New York State. The Commission has issued 321 determinations of
censure and 268 determinations of admonition.

The Court of Appeals has reviewed 97 Commission determinations. The Court

accepted the Commission’s sanctions in 81 cases (72 of which were removals, six
were censures and three were admonitions). Of the remaining 16 cases, two
sanctions were increased from censure to removal, and 13 were reduced: nine
removal determinations were modified to censure, one removal was modified to
admonition, two censures were modified to admonition, and one censure was
rejected and the charges dismissed. The Court remitted one matter to the
Commission for further proceedings.

Statement by Commission Chair

Commission Chair Joseph W. Belluck made the following statement:

“Nobody – including a judge – is above the law. This unanimous decision from
the Commission sends a strong message that driving under the influence of alcohol
is a serious offense and that the penalties for judges who drink and drive will be
severe. It also sends a strong message that the Commission views the improper
assertion of a judicial office for private gain as a strong aggravating factor and that
we expect judges involved in the legal system to behave in a manner consistent
with court orders.

“The members of the Commission understand the public’s concern that Judge
Astacio was allowed to remain as a judge while her case was litigated. However,
it is important that judges who come before the Commission receive a fair and full
opportunity to be heard, and that takes time. The Commission also believes and
has long advocated that the power to suspend a judge while under investigation,
which is very limited, should be broadened. The Commission again urges the
Legislature to do so.”

Statement by Commission Administrator

Commission Administrator Robert H. Tembeckjian made the following statement.

“Faith in the courts requires all judges to respect and comply with the law, to
preside fairly and without even the appearance of bias, and to obey court orders
 NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

April 24, 2018

Page 5

when they themselves are litigants. Regrettably, Judge Astacio failed to uphold
each of these principles. Her behavior has undermined trust in the administration
of justice, which we hope in some measure to restore with this decision to remove
her from office.”

Counsel

In the proceedings before the Commission, Judge Astacio was represented by

Robert F. Julian, Esq., 2037 Genesee Street, Suite 2, Utica, New York 13501,
(315) 797-5610.

The Commission was represented by Robert H. Tembeckjian, Administrator and

Counsel to the Commission; John J. Postel, Deputy Administrator in Charge of the
Rochester office; and Senior Attorney David M. Duguay. Investigator Vanessa
Mangan assisted in the investigation.

Background Information on Judge Astacio

First took office: 2015
Year Admitted to NYS Bar: 2007
Judicial Salary: $187,200
Current Term Expires: December 31, 2024

Members of the Commission

The Commission members serve four-year terms. A list of members is appended.

The Public File

The determination is attached. The record of the proceedings upon which the
determination is based is available for inspection by appointment during regular
business hours at the Commission's three offices:

61 Broadway Corning Tower, Suite 2301 400 Andrews Street

Suite 1200 Empire State Plaza Suite 700
New York, New York 10006 Albany, New York 12223 Rochester, New York 14604
 NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

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MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT

Member Appointing Authority Term End

Joseph W. Belluck, Esq., Chair Governor Andrew M. Cuomo March 31, 2020

Paul B. Harding, Esq., Vice Chair Assembly Minority Leader Brian M. Kolb March 31, 2021

Jodie Corngold Governor Andrew M. Cuomo March 31, 2019

Taa Grays, Esq. Senate Minority Leader Andrea Stewart-Cousins March 31, 2020

Hon. John A. Falk Chief Judge Janet DiFiore March 31, 2021

Hon. Leslie G. Leach Chief Judge Janet DiFiore March 31, 2020

Hon. Angela M. Mazzarelli Chief Judge Janet DiFiore March 31, 2022

Marvin Ray Raskin, Esq. Assembly Speaker Carl Heastie March 31, 2022

Richard A. Stoloff, Esq. Former Senate President Pro Tem Dean Skelos March 31, 2019

Akosua Garcia Yeboah Governor Andrew M. Cuomo March 31, 2021

Vacant Governor Andrew M. Cuomo March 31, 2022

 TIMELINE OF EVENTS IN THE MATTER INVOLVING ROCHESTER CITY COURT JUDGE LETICIA ASTACIO

Judge Astacio’s DWI Arrest 02/13/2016

Judge Astacio’s DWI Bench Trial 08/15/2016
Judge Astacio Convicted of DWI 08/22/2016
Judge Astacio’s First Alleged Violation of Conditional Discharge 09/12/2016
Judge Astacio’s Second Alleged Violation of Conditional Discharge 10/03/2016
Judge Astacio’s Arraignment on First Violation of Conditional Discharge 10/11/2016
Judge Astacio Pled Guilty to Conditional Discharge Violation
(in satisfaction of all outstanding charges) 11/16/2016
Declaration of Delinquency Filed against Judge Astacio for Allegedly Violating Conditional
Discharge on November 20, 2016 and November 24, 2016 01/20/2017
Declaration of Delinquency Filed against Judge Astacio for Allegedly Attempting to Circumvent
Ignition Interlock Device on January 12, 2017 and January 30, 2017 02/03/2017
Declaration of Delinquency Filed against Judge Astacio for Allegedly Failing to Report her Vehicle
for Required Service 03/03/2017
Judge Aronson Dismisses Charges that Judge Astacio Allegedly Violated Certain DWI Conditions 03/27/2017
Failed Start-up on Judge Astacio’s Car Ignition Interlock Device 04/29/2017
Commission Issues Formal Written Complaint against Judge Astacio at Conclusion of Its
Investigation 05/30/2017
Judge Astacio Arrested on Bench Warrant for Failure to Appear in Court 06/05/2017
Hearing on Judge Astacio’s Violation of Conditional Discharge 06/08/2017
Judge Astacio’s Answer to Commission’s First Formal Written Complaint Filed in New York City 06/27/2017
Judge Astacio Sentenced for Violating Conditional Discharge 07/06/2017
Commission Issues Second Formal Written Complaint against Judge Astacio 08/03/2017
Judge Astacio’s Amended Answer to Commission’s First Formal Written Complaint 09/11/2017
Judge Astacio’s Answer to Commission’s Second Formal Written Complaint 09/11/2017
DWI Judgment Affirmed by Judge William Kocher on Appeal 10/04/2017
Judge Astacio’s Disciplinary Hearing in Syracuse Before Commission Referee Mark S. Arisohn 10/17-19/2017
Second Conditional Discharge Violation Affirmed by Judge Kocher 12/08/2017
Transcripts of Commission Hearing Filed 12/13/2017
Briefs Submitted to the Commission Referee 01/26/2018
Reply Briefs Submitted to the Commission Referee 02/07/2018
Referee’s Report Filed with Commission 03/05/2018
Briefs Submitted to the Commission 04/02/2018
Reply Briefs Submitted to the Commission 04/09/2018
Oral Argument Held Before the Commission in New York City 04/12/2018
Commission Determination of Removal Filed with New York State Court of Appeals 04/23/2018
Commission Determination of Removal Served on Judge Astacio 04/24/2018