Judge Astacio will return to 'work' after serving time

David Andreatta | Democrat and Chronicle

Show Caption Hide Caption Judge Aronson gives Astacio a tongue-lashing in court Judge Stephen Aronson grew visibly furious with Leticia Astacio and gave her an ultimatum that was good for one day. She declined the option and was jailed without bail until a Thursday hearing.

Rochester City Court Judge Leticia Astacio will again be working for her pay upon her release from jail — whenever that may be.

Astacio was informed Monday by her supervisors, state Supreme Court Judge Craig Doran and City Court Judge Teresa Johnson, that she will be required to conduct research in the courthouse law library Monday through Friday, whenever court is in session.

“We made it very clear to her that it was our requirement and expectation that she be there from 9 a.m. to 5 p.m. with an hour for lunch,” Doran said in a phone interview. “Her presence there will certainly be monitored and we’ll know whether or not she is fulfilling those obligations.”

Her lawyer, Ed Fiandach, said Astacio was pleased with the assignment.

"I think she's going to be happy to be able to get back to work and to fulfill her obligation to the community," Fiandach said.

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Astacio met with Doran and Johnson behind closed doors in the courthouse before being placed under arrest by officers executing a warrant that was issued last week. She was summoned to the meeting by the state's chief administrative judge.

Doran and Johnson had previously suspended her caseload and barred her from non-public areas of the courthouse. Those restrictions remain in effect. The law library is a public space on the fifth floor of the building.

The restrictions were intended in part to restore integrity to the judiciary, but had the effect of feeding the public perception that Astacio was being paid to do nothing.

Doran explained that he and Johnson had expected Astacio to use her time away to fulfill specific requirements, of which he declined to reveal, that would ostensibly help her prepare to return to the bench.

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But he said it became obvious last week, when she missed a court date related to her drunken driving conviction, that she was not meeting those requirements and that further duties were warranted.

Astacio has continued to receive her $173,700 salary throughout her ordeal because she remains an elected judge. The only body that can strip her of that title and, thus, her salary, is the state Commission on Judicial Conduct.

“I’m certainly mindful of the public perception on the issue,” Doran said. “This added level of accountability is being done in consideration of not just the change in her situation but also the fact that, administratively, we cannot deprive her of her salary nor remove her from her position.”

"It is expected that she start these duties as soon as possible," Doran added. "As soon as possible meaning, when she's no longer in custody."

DANDREATTA@Gannett.com