NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT CORNING TOWER, SUITE 2301 EMPIRE STATE PLAZA ALBANY, NEW YORK NEWS RELEASE.

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1 ROBERT H. TEMBECKJIAN ADMINISTRATOR & COUNSEL NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT CORNING TOWER, SUITE 2301 EMPIRE STATE PLAZA ALBANY, NEW YORK TELEPHONE FACSIMILE MARISA E. HARRISON PUBLIC RECORDS OFFICER NEWS RELEASE Contacts: Robert H. Tembeckjian, Administrator Marisa E. Harrison, Public Records Officer (518) 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

2 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 Her conditional sentence for Driving While Intoxicated was revoked and she was sentenced to 60 days in jail and three years probation.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 Her current term expires on December 31, The Commission Proceedings 1 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, The judge was served with a Second Formal Written Complaint dated August 3, 2017, and filed an answer dated September 11, A timeline of events involving Judge Astacio is appended.

3 Page 3 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, 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, 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.

4 Page 4 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

5 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) 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 Suite 1200 New York, New York Corning Tower, Suite 2301 Empire State Plaza Albany, New York Andrews Street Suite 700 Rochester, New York 14604

6 Page 6 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

7 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, /20/2017 Declaration of Delinquency Filed against Judge Astacio for Allegedly Attempting to Circumvent Ignition Interlock Device on January 12, 2017 and January 30, /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