Judge Who Jailed 46 Over Ringing Cell Phone Loses Job
Despite pleas for leniency from legal, judicial and civil groups, New York’s highest court has upheld a recommendation that a municipal judge who jailed 46 people over a repeatedly ringing cell phone should be removed from the bench.
In an opinion (PDF) released today, the New York State Court of Appeals said the “truly egregious” March 11, 2005 incident required the removal of Robert Restaino in order to maintain public confidence in the judiciary, reports the Niagara Gazette.
Restaino’s conduct deprived the jailed individuals of their liberty without due process and showed “insensitivity, indifference and a callousness so reproachable that his continued presence on the bench cannot be tolerated,” the court writes.
Restaino was hearing domestic violence cases in Niagara Falls City Court when the sound of an apparent cell phone ringing drove him to what a state commission on judicial conduct that recommended his removal described as “two hours of inexplicable madness.” His counsel and supporters argued that his otherwise spotless 12-year judicial record and praiseworthy career should weigh against taking him off the bench over one isolated incident. Restaino’s personal life was also reportedly a source of stress at the time.
The judge has been suspended, with pay, since December.
More than a dozen of those jailed by Restaino in the incident spent six or seven hours behind bars, according to the Buffalo News.
