Robert Restaino

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Robert Restaino (born c. 1959) was an American judge on the Niagara Falls City Court of the 8th Judicial District, Niagara County New York[1] [2]. Restaino attended law school at the University of Buffalo Law School and was admitted to the New York state bar in 1986. [3] Restaino served as judge for the Niagara Falls City Court in a part time capacity from 1996, before becoming a full time judge in January 2002.[2]

[edit] Jailing of entire court

On the morning of 11 March 2005[2] [4] [5], while presiding over a domestic violence case, Restaino ordered into custody the entire courtroom audience of 46 people after nobody came forward as the owner of a cellphone that rang during proceedings. 14 of the 46 jailed[2] [4] who could not afford to post the bail set were shackled and transported to the county jail in Lockport[2], and were not released until later that afternoon when reporters started asking about the ruling[2] [4].

On 28 November 2007, New York State Commission on Judicial Conduct ordered Restaino to be removed from office after finding that Restaino had engaged in "an egregious and unprecedented abuse of judicial power". Through his lawyer, Terrence Connors, Restaino indicated that he would be appealing the commission ruling[4] [5].

On 5 June 2008, Restaino's removal was upheld by the New York Court of Appeals. In a 6-0 decision, the Court stated, "By indiscriminately committing into custody 46 defendants, petitioner deprived them of their liberty without due process, exhibited insensitivity, indifference and a callousness so reproachable that his continued presence on the Bench cannot be tolerated." [6]

[edit] References

  1. ^ 8th JD - Niagara County. Retrieved on 2007-11-28.
  2. ^ a b c d e f Restaino. New York State Commission on Judicial Conduct (2007-11-27). Retrieved on 2007-11-28.
  3. ^ Attorney Registration Record for Robert Restaino. New York State Office of Court Administration (2008-6-6).
  4. ^ a b c d Judge suspended for jailing court. BBC News (2007-11-28). Retrieved on 2007-11-28.
  5. ^ a b Judge fired after fit over phone. Los Angeles Times/Associated Press (2007-11-28). Retrieved on 2007-11-28.
  6. ^ For Cell Phone Tirade, NY High Court Rings Up Judge Restaino. Wall Street Journal Law Blog (2008-6-6).

[edit] External links

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