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  • Collective Punishment

    NIAGARA FALLS, N.Y. - A judge who jailed 46 people who were in his courtroom when a cellphone call interrupted proceedings was removed from the bench Tuesday by a state commission.

    Niagara Falls City Court Judge Robert Restaino "snapped" and "engaged in what can only be described as two hours of inexplicable madness" during the March 2005 session, Raoul Felder, chairman of the state Commission on Judicial Conduct, wrote in the decision to remove Restaino from the $113,900-a-year post.

    A phone rang while Restaino was hearing the cases of domestic violence offenders who had been ordered to appear weekly to update the judge on the progress of their counselling. A sign in the courthouse warns cellphones and pagers must be turned off.

    "Everyone is going to jail," Restaino said.

    "Every single person is going to jail in this courtroom, unless I get that instrument now. If anybody believes I'm kidding, ask some of the folks that have been here for a while."

    "You are all going."

    When no one came forward, Restaino ordered the group into custody and they were taken to jail, where they were searched and packed into crowded cells. Fourteen people who could not post bail were shackled and bused to another jail.

    Restaino ordered them released later that afternoon.

    Restaino told the state panel he had been under stress in his personal life.

    His lawyer, Terrence Connors, said Restaino would appeal.




    I can understand the frustration but geez. Chop their hands off, they won't do it again.


    edit - I would like to point out this WAS NOT in Texas.
    "I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
    "I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark Twain

  • #2
    Started the day in a bad mood. I wonder who pissed in his Post Toasties?
    Life is not measured by the number of breaths you take, but by the moments that take your breath away.
    "Hating America is something best left to Mobius. He is an expert Yank hater.
    He also hates Texans and Australians, he does diversify." ~ Braindead

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    • #3
      It is incredibly frustrating. I've seen judges confiscate phones and threaten contempt (not carried through on).
      "I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
      "I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark Twain

      Comment


      • #4
        I didn't know that judges actually had the power to arrest people for just, like, whatever, I thought that was up to law enforcement officers.

        I should be a judge.

        "Bailiff, throw that man in jail."

        "Why, yer Honour?"

        "'ee was EYEBALLIN' me."
        "Wait a minute..this isn''t FAUX dive, it's just a DIVE!"
        "...Mangy dog staggering about, looking vainly for a place to die."
        "sauna stories? There are no 'sauna stories'.. I mean.. sauna is sauna. You do by the laws of sauna." -P.

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        • #5
          The courtroom is their fiefdom.
          "I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
          "I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark Twain

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          • #6
            I had a bad day -- great excuse for treating a courtroom like a 1st grade classroom. It'll be a sad day if he is ever given another judicial appointment. Also, any lawyers in the house? Could he be charged with kidnapping or false imprisonment or something?
            The undeserving maintain power by promoting hysteria.

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            • #7
              At least he didn't tasar them.
              Monkey!!!

              Comment


              • #8
                They can hold people in contempt of court for basically anything, although it can lead to removal if they abuse it, from my understanding.

                I am all for jailing people who leave their cell phones on in inappropriate places though
                <Reverend> IRC is just multiplayer notepad.
                I like your SNOOPY POSTER! - While you Wait quote.

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                • #9
                  I got lucky once. I didn't notice until after court that I had left it on.
                  "I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
                  "I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark Twain

                  Comment


                  • #10
                    How can a judge just send people to jail because he's in a bad mood?

                    Something must be very wrong somewhere.

                    Comment


                    • #11
                      He was removed for what he did. It's not like he got off w/o some sort of punishment. Do you want the former judge in jail?
                      "I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
                      "I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark Twain

                      Comment


                      • #12
                        Originally posted by snoopy369
                        They can hold people in contempt of court for basically anything ...
                        For disrupting a courtroom or for willfully disobeying a lawful order of the court....not for being in the same room as someone with his/her cellphone turned on.

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                        • #13
                          this is just another example of how one could go through their whole life working hard toward a career or goal...

                          just to throw it away with one stupid mistake.

                          pretty scary stuff.
                          The Wizard of AAHZ

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                          • #14
                            It was a rather large mistake though.

                            In addition it shows an appalling lack of judgment by someone being asked to judge others.
                            "I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
                            "I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark Twain

                            Comment


                            • #15
                              Originally posted by Zkribbler


                              For disrupting a courtroom or for willfully disobeying a lawful order of the court....not for being in the same room as someone with his/her cellphone turned on.
                              He ordered them to tell him where the cellphone is ... they didn't
                              <Reverend> IRC is just multiplayer notepad.
                              I like your SNOOPY POSTER! - While you Wait quote.

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