What Does It Take For a Judge to Jail 46 People in His Courtroom?
posted by Daniel Solove
From CNN comes this bizarre story of a judge in Niagara Falls who had 46 people in his courtroom thrown into jail. Why? A cell phone rang and interrupted his court proceedings:
A judge in Niagara Falls, New York, has apologized for jailing nearly four dozen people over a ringing mobile phone in his courtroom, his attorney said Wednesday.
In removing City Court Judge Robert Restaino from office Tuesday, the state Commission on Judicial Conduct called his decision to lock up 46 people after no one claimed ownership of the phone “a gross deviation from the proper role of a judge.” . . .
“We conclude that respondent’s behavior … warrants the sanction of removal, notwithstanding his previously unblemished record on the bench and the testimony as to his character and reputation,” the panel ruled.
According to the commission report, Restaino was presiding over a domestic-violence case when a ringing mobile phone interrupted proceedings. When no one took responsibility for the ringing phone, Restaino ordered that court security officers search for the device.
About 70 defendants were in the courtroom that day to take part in a monitoring program for domestic violence offenders. When no one admitted to owning the phone, Restaino heard the remaining cases and then recalled the cases of defendants who had already been released to question them about the phone, according to the commission report.
After all the defendants denied having the phone or knowing who it belonged to, Restaino sent 46 people to jail. Fourteen who were unable to make bail were handcuffed and jailed for several hours.
According to the report, Restaino decided to release defendants only after learning reporters were inquiring about their incarceration.
I guess inconsiderate cell phone man has met his match.
November 29, 2007 at 12:08 am
Posted in: Law Practice, Weird
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Responses (2)
Revenge - November 29, 2007 at 9:32 am
They should throw the judge into jail and make him listen to “world’s worst ringtones” for 12 hours in a row!
Howard Wasserman - November 29, 2007 at 10:53 am
Two words: Judicial. Immunity.
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