Leticia Astacio’s lawyer, Robert Julian, has submitted a letter requesting the removed judge keep her nearly $200,000 salary. In the three-page legal document he sent to the New York State Court of Appeals, Julian says the judicial commission used unfair material against Astacio, and therefore she should continue to collect get paid even though she is suspended.

April 30^th was the deadline for Astacio to send in a petition to the Court of Appeals stating why her suspension should be with pay. Julian says the Judicial Conduct Commission used prejudiced and tainted material to influence their decision to remove Astacio from the bench—even using items that were not a part of the record.

While Julian is not representing Leticia Astacio on felony charges of attempted possession of a weapon, the document includes information about Astacio's arrest for trying to buy a shotgun from a Henrietta Dick's Sporting Goods store in April.

Julian says it's Astacio’s opinion that she is not prohibited by law from possessing a weapon based on a prior misdemeanor conviction. She also feels in order for her to be prosecuted for attempt, the action must be nearly completed. Astacio says there are no allegations she filled out paperwork or paid for any merchandise, she only asked questions.

Astacio has been given 30 days to appeal the Judicial Conduct Commission’s recommendation to remove her from the bench. That deadline will take place in May.