Rochester City Court Judge Leticia Astacio will be in court this week to argue that she should return to the bench. Astacio will appear before New York's highest court, the Court of Appeals, on Wednesday. The state's Commission on Judicial Conduct recommended that Astacio be removed from the bench. Astacio was elected in 2014 to a 10-year term. She has not presided over a case in two years. 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 an alleged attempt to influence the State Police handling her arrest. Astacio and her attorney say the recommendation of removal is unfair and out of step with commission precedent. She should instead be censured which would allow her to keep the judgeship. Astacio is still receiving her salary of $187,200.