N.F. judge removed over cell-phone flap

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On Thursday the New York State Court of Appeals announced their decision, by a vote of 9-1, and said that the judge's, judge Robert Restaino, actions exceeded all measure of acceptable judicial conduct.

The decision stated that

"in depriving 46 individuals of 'their liberty out of pique and frustration,'" (Restaino) 'abandoned his role as a reasonable, fair jurist.' "

On March 11, 2005 Restaino was presiding over domestic-violence cases and that is when a cell phone rang in the back of the courtroom. The judge than demanded that the phone be brought to him or everybody could take a week in jail.

No one came forward and the judge issued a second warning and said that every person will go to jail unless he was given the cell phone. After the judge finished questioning each defendant, which included 11 who had been released before the phone rang, he imposed bail and than ordered 46 defendants to be taken into custody.

Several defendants pleaded with the judge for mercy and one defendant asked the judge to rethink his approach to an otherwise legitimate courtroom concern that could be handled differently. Of course the judge was on a power trip and that fell on deaf ears.

Fourteen of the 46 defendants who were booked could not post bail and they were transferred to a county jail 30 minutes away while the judge attended a scheduled tour of an Erie County juvenile detention facility.

The judge was than informed by his clerk that members of the media were inquiring about his actions and he told his clerk to have the necessary paperwork for the defendants' release upon his return. The fourteen defendants were released but they were not provided with transportation back to Niagara falls.

The commission held a three-day hearing after a formal written complaint was filed. Restaino was represented by Connors & Vilardo partner Terrence Connors and they say that his actions were a result of frustration in a strained marriage.

This judge acted like this because of a strained marriage and he was removed from the bench but he will probably return to work as a judge in the future. When ordinary people act crazy because of their situations at home they get thrown in jail usually and that is what should happen to this judge. Not a long jail term but a dose of his own medicine, a week in jail.