NAUGATUCK, Conn. (WTNH) – News 8 is Your Local Election Headquarters. Primary Election Day is on Tuesday.

The race for probate judge in the 21st District, which covers Naugatuck, Beacon Falls, Prospect, and Middlebury, is under intense scrutiny. The elected position includes a six-figure salary paid by taxpayers.

Probate judges oversee estates, adoptions, and cases involving conservatorship. The judge who currently holds the seat, broke the law several times in the last year, yet his name remains on the primary ballot.

News 8 obtained this body cam footage from the Naugatuck Police Department. The video shows probate Judge Peter Mariano being arrested for driving under the influence.

“Alright, Pete you’re under arrest for driving under the influence,” the officer could be heard saying in the video.

The 61-year-old judge has been in office for 20 years. A registered Republican, he’s seeking re-election despite pleading guilty to charges of two DUI arrests and two counts of reckless endangerment.

A Waterbury Superior Court judge sentenced him to one year in jail, suspended after serving four days in the New Haven lock-up this May.

Mariano’s law license has been inactive for more than a year. Other judges preside over critical cases when he’s out. State Rep. Rosa Rebimbas said, “such as conservatorships, guardianships, termination of parental rights. Many times also adoptions, name changes.”

His primary challenger, Rebimbas, is an attorney. She has been in the legislature for 13 years and local Republicans endorsed her.

Mariano forced a primary after getting 15% of the delegate support.

“How is it that A, he’s still sitting in the probate court, and B, how is it that he’s able to run for reelection,” asked Rebimbas.

At a recent hearing, the Council on Judicial Conduct found Mariano in violation of several codes of conduct. The judge broke down.

Peter Mariano testified, “I have told my story. I’m not proud of it, but it’s helped me in my recovery”‘ Instead of referral for possible impeachment by lawmakers at the Capitol, the council publicly admonished him.

“I can’t make any guarantees because no one can. Take it a day at a time. Like I’m taking this hearing and other situations like my re-election bid. I’m just taking things one day at a time,” Mariano added

Mariano completed three stints in rehab and returned to his court duties seven months ago.

Rebimbas says the voters deserve a judge who behaves appropriately.

“I think we all can feel the pain, the sadness and have compassion for an individual struggling with an addiction. This has gone far beyond that,” Rebimbas said.

Rebimbas hopes voters will send a message at the ballot box on Tuesday. Even if Mariano loses he is still on the ballot for the November election as the Democrats endorsed him.

The state’s probate court administrator, who oversees 54 regional probate courts, did not have any further comment on this case.