On Wednesday City Court Judge Leticia Astacio will try to continue to be City Court Judge Leticia Astacio.

She and her attorney will argue before New York's highest court, the Court of Appeals, that she should return to the bench and that the recommendation from a judicial conduct watchdog commission to strip her of her judgeship was in error.

In April the state's Commission on Judicial Conduct recommended that Astacio, who has not presided over a case for two years, should be removed from the bench. In a unanimous decision, the commission highlighted Astacio's 2016 misdemeanor drunken driving conviction, a failure to abide by the terms of her release, instances of questionable temperament from the bench, and what commission investigators said was an attempt to influence the State Police handling her arrest.

For Astacio, overcoming the commission's unanimous and stinging decision could be tough. While other judges kept their position after drunken driving incidents, commission members in their decision pointed to the numerous incidents it considered troublesome, including the alleged attempt by Astacio to convince a State Trooper not to criminally charge her.

"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," Commission Chairman Joseph Belluck said in an April statement. "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."

Astacio and her Syracuse-based attorney, Robert Julian, do not argue that Astacio made some missteps. But, they have contended in court papers, some of the claims in the commission decision ignore evidence that she provided that dispute her culpability. They also say that the recommendation of removal is unfair and out of step with commission precedent.

She should instead be censured, they say — a punishment that would allow her to keep the judgeship. Astacio was elected in 2014 to a 10-year term.

In court papers, Julian maintained that the commission hearing was tainted by the introduction of claims of misconduct not vetted or in evidence. Astacio has taken responsibility for her errors and "does not deserve the career death sentence of removal," Julian wrote.

Typically, the Court of Appeals releases its decision at a later date.

The Court of Appeals has suspended Astacio from the bench. She is continuing to receive her salary of $187,200.

GCRAIG@Gannett.com

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