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Offline CactusCarlos

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New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtroom
« on: June 11, 2008, 08:03:37 PM »
http://www.foxnews.com/story/0,2933,313441,00.html

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NIAGRA FALLS, N.Y —

A judge who jailed 46 people who were in his courtroom when a cell phone 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-per-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 counseling. A sign in the courthouse warns that cell phones 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 attorney, Terrence Connors, said Restaino would appeal.

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Offline Lord Undies

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtroom
« Reply #1 on: June 11, 2008, 09:55:51 PM »
Appeal what?  Hiz Honor should be in jail awaiting trial.  He was the mastermind behind the kidnapping and unlawful imprisonment of 46 people. 
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Offline Thor

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #2 on: June 11, 2008, 10:18:13 PM »
It IS called "contempt of court". The judge can (could) do pretty much what he pleases, at least in the past. People need to learn to be more considerate with their fracking cells phones, and NOT just only in court!!
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Offline Lord Undies

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #3 on: June 11, 2008, 10:21:16 PM »
Quote from: Thor on June 11, 2008, 10:18:13 PM
It IS called "contempt of court". The judge can (could) do pretty much what he pleases, at least in the past. People need to learn to be more considerate with their fracking cells phones, and NOT just only in court!!

One person was in contempt of court.  The other 45 were crime victims (of his madness).  The judge needs to be in jail.
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Offline rich_t

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #4 on: June 11, 2008, 11:09:26 PM »
Quote from: Lord Undies on June 11, 2008, 10:21:16 PM
Quote from: Thor on June 11, 2008, 10:18:13 PM
It IS called "contempt of court". The judge can (could) do pretty much what he pleases, at least in the past. People need to learn to be more considerate with their fracking cells phones, and NOT just only in court!!

One person was in contempt of court.  The other 45 were crime victims (of his madness).  The judge needs to be in jail.

You can say that again.

And Thor...  Even Judges have to follow the law and are not allowed to abuse their authority.
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Offline Thor

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #5 on: June 11, 2008, 11:12:12 PM »
Undies, ever served in the military?? I can't tell you how many times an entire unit/squad/platoon/etc got punished for one person's wrong-doings. Granted, the military is a little different and yes, the judge was probably wrong. However, the person with the cell phone should have stepped forward, made their apologies and took their punishment. In this case, silence wasn't "golden".
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Offline Lord Undies

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #6 on: June 11, 2008, 11:22:33 PM »
Quote from: Thor on June 11, 2008, 11:12:12 PM
Undies, ever served in the military?? I can't tell you how many times an entire unit/squad/platoon/etc got punished for one person's wrong-doings. Granted, the military is a little different and yes, the judge was probably wrong. However, the person with the cell phone should have stepped forward, made their apologies and took their punishment. In this case, silence wasn't "golden".

The strangers in that court proceeding were not a squad of folks who share their daily lives together.  They were folks trying to get through the day at back to their jobs and families. 

One anonymous lawbreaker in the room does not make everyone there subject to accusation.  Would it be alright to arrest everyone in the store because someone broke the gumball machine?

I hope those folks do turn into a squad.  A squad of litigators who sue the sh*t out of that black robed idiot.   
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Offline rich_t

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #7 on: June 11, 2008, 11:31:05 PM »
Quote from: Thor on June 11, 2008, 11:12:12 PM
Undies, ever served in the military?? I can't tell you how many times an entire unit/squad/platoon/etc got punished for one person's wrong-doings. Granted, the military is a little different and yes, the judge was probably wrong. However, the person with the cell phone should have stepped forward, made their apologies and took their punishment. In this case, silence wasn't "golden".

Poor analogy IMO.  There is no doubt about the judge being wrong...  He was removed from the bench was he not?

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Offline Rebel

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #8 on: June 11, 2008, 11:54:04 PM »
Quote from: Thor on June 11, 2008, 11:12:12 PM
Undies, ever served in the military?? I can't tell you how many times an entire unit/squad/platoon/etc got punished for one person's wrong-doings. Granted, the military is a little different and yes, the judge was probably wrong. However, the person with the cell phone should have stepped forward, made their apologies and took their punishment. In this case, silence wasn't "golden".

United States citizens do not fall under the Uniformed Code of Military Justice, Thor.
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Offline rich_t

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #9 on: June 11, 2008, 11:56:55 PM »
Quote from: Rebel on June 11, 2008, 11:54:04 PM
Quote from: Thor on June 11, 2008, 11:12:12 PM
Undies, ever served in the military?? I can't tell you how many times an entire unit/squad/platoon/etc got punished for one person's wrong-doings. Granted, the military is a little different and yes, the judge was probably wrong. However, the person with the cell phone should have stepped forward, made their apologies and took their punishment. In this case, silence wasn't "golden".

United States citizens do not fall under the Uniformed Code of Military Justice, Thor.

The UCMJ doesn't cover the the type of peer pressure punishment that Thor was referring to anyway.

He used a poor example analogy.
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Offline EastFacingNorth

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #10 on: June 12, 2008, 12:20:24 AM »
Quote from: Thor on June 11, 2008, 11:12:12 PM
Undies, ever served in the military?? I can't tell you how many times an entire unit/squad/platoon/etc got punished for one person's wrong-doings. Granted, the military is a little different and yes, the judge was probably wrong. However, the person with the cell phone should have stepped forward, made their apologies and took their punishment. In this case, silence wasn't "golden".

Granted that the offender against good taste and manners should have admitted to his negligence in not turning off his phone, the judge's wording certainly seems to give the impression that he was going to confiscate the phone, which is out of line.  Collective punishment is absolutely out of line - "If it's prohibited by the Geneva Conventions, it's not appropriate behavior for a government official" is probably a good guideline to follow.

I have to admit that I do not see the sense behind allowing a "contempt of court" charge to even exist.  Why give someone that sort of power?
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Offline Baruch Menachem

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #11 on: June 12, 2008, 08:50:43 AM »
I am starting contempt procedings against my wife in our divorce case.  She is interfering with my parenting time already.  Three days into the divorce.

the judge there is an idiot, and I have no real hope that my wife will spend any time in jail at all on this, but if she does do two weeks in jail, she might learn to behave herself.


All courtrooms have the sign up.  You really are supposed to have them turned off.

That judge needs a different job, and that person with the cell phone needs a time out but everyone else should do a lawsuit. For that matter, Undies is right, he should be in jail for kidnapping.
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Offline jinxmchue

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #12 on: June 12, 2008, 10:40:59 AM »
Arresting everyone was a bit much.  They should've all simply been made to leave.

Personally, though, I don't see the motives behind this as much different than when teachers would punish the entire class when some anonymous trouble-maker wouldn't admit his or her guilt.  Of course, teachers didn't give each student detention, but still...
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Offline Lord Undies

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Re: New York Judge Tossed From Bench After 'Inexplicable Madness'; Booked Courtr
« Reply #13 on: June 12, 2008, 10:43:34 AM »
Quote from: jinxmchue on June 12, 2008, 10:40:59 AM
Arresting everyone was a bit much.  They should've all simply been made to leave.

Personally, though, I don't see the motives behind this as much different than when teachers would punish the entire class when some anonymous trouble-maker wouldn't admit his or her guilt.  Of course, teachers didn't give each student detention, but still...

Did the teachers cause innocent adult civilians to be booked, mug-shot, body searched, and then have to dig up bail money? 
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