ROCHESTER, N.Y. — Leticia Astacio's position as a Rochester city court judge will now be determined by the state court of appeals.

Astacio and her attorney, Bob Julian took her case to the highest court in New York this afternoon in Albany.

They are hoping to overturn a decision by the judicial conduct commission to remove her from the bench.

Astacio was convicted of a DWI charge in February 2016 and has been accused of a series of probation violations afterwards.

Legal counsel of the appeals court argued that although there is no evidence that Astacio is an alcoholic she has not taken responsibility for her actions.

He added that allowing her to continue being a judge would be unpredecented in the court's history.

Leticia Astacio's lawyer disagreed and stated that she has completed at least 3 substance programs and has apologized for her actions.

Astacio and her attorney are asking the court to be censured for her actions instead of removed from the bench.

A decision on her status as a city court judge will be announced by the appeals court in the weeks ahead.

In court paperwork filed in August, Astacio and her attorney argued that she should not be removed from the bench, but rather censured. In that brief, medical records indicated Astacio was diagnosed with a mild alcohol abuse disorder.

The legal counsel to the Appeals Court argued against the notion that Astacio is an alcoholic.

Astacio, whose highly-publicized legal saga began two years ago, returned to work on March 1 for the first time since August. Despite her not working, she received a pay raise of more than $11,000 on April 1, bringing her yearly salary to $187,200. 

 
Her case has had many twists and turns since she was first arrested for drunk driving in 2016. She has spent time in jail, been accused of violating her probation and was also charged with a felony for attempting to purchase a shotgun. 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'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.