Rochester City Court Judge Leticia Astacio, who is in jail awaiting a hearing next week on charges that she violated her probation related to a drunken driving conviction, was denied her freedom Wednesday.

Ontario County Court Judge William Kocher, who was appointed to hear a bail application submitted by Astacio's lawyer, ordered her to remain incarcerated until her hearing, which is scheduled for Nov. 3.

Astacio was ordered held without bail Monday at her arraignment on charges she violated terms of her probation four times in recent months. Canandaigua City Court Judge Stephen Aronson, who has presided over her case from the start, wrote the order.

Her lawyer, Greg Salmon, said at the time that he would file an application for a bail hearing.

Kocher declined to hear the application, however, claiming Astacio was not entitled to bail because she was ordered held without bail and was being lawfully held.

The scenario was a déjà vu of what played out in June, the last time Astacio was ordered held without bail pending a hearing on charges she broke the conditions of her sentence.

In that instance, Kocher was assigned to hear a bail application and, at that time, he refused to hear it, claiming it was not applicable to the circumstances.

"This is a rerun almost," Kocher said of the proceeding Wednesday.

Kocher suggested Salmon file a civil action known as a writ of habeas corpus, which is a court order that an imprisoned individual be delivered to the court and that the agency holding the person show a valid reason for that person's detention.

Salmon said he would attempt to file the paperwork by the end of business Wednesday, leaving open the possibility that Astacio will be back in court in the coming days.

The paperwork would have to be served on the sheriff's office in Monroe County, where her case is unfolding, and Livingston County, where she is being held.

"Our position is that she is now being held without the ability to have a hearing," Salmon said outside the courtroom. "That is illegal."

Astacio appeared in court in red scrubs of the Livingston County Jail. She was placed in custody there in an effort to isolate her from inmates in Monroe County whom she may have sentenced while on the bench.

The potential for Astacio to run into inmates with whom she crossed paths as a jurist is becoming increasingly remote, however.

She has not presided over a single case — criminal or civil — since her superior judge restricted her to administrative duties shortly after she was charged with driving while intoxicated in February 2016.

DANDREATTA@Gannett.com