Former Rochester City Court Judge Leticia Astacio who's accused of violating her probation three times this summer returned to court Friday.
The Monroe County District Attorney’s Office was ready to prosecute Astacio for the alleged violations, which include failing to report to probation on two separate occasions and failing to abstain from using or possessing alcoholic beverages. Astacio is accused of testing positive for alcohol in June and failing to cooperate with the Ignition Interlock Program.
Astacio, representing herself, asked for a pre-trial conference but was denied. She said she intentionally stopped going to probation to get a violation of probation order, so she could get in front of a judge and argue that the sentence she continues to serve for the 2016 DWI is illegal.
"I had filed several motions with the court indicating that I thought my sentence was illegal,” said Astacio. “Even to my most recent motions saying I still have an ignition interlock in my car for over three years. I don't know how else to get before the court because this is continuing and I believe it's been illegal the entire time."
Astacio, who was removed from the bench but remains an attorney, argued in court that it is not possible to carry out her duties while on probation.
"I'm not asking for hearings,” said Astacio. “I'm not asking for monitors, judge, I'm throwing myself on the mercy of the court. I'm saying I cannot comply with probation and continue to have a successful practice. It's not possible. It's difficult for me to access the jail. I am a criminal defense attorney."
During the court proceeding, the prosecution requested Astacio be given a SCRAM ankle bracelet which determines if someone has been drinking alcohol. The judge denied that request.
Astacio’s next court date is set for November 12.