Judges and cell phones in court don’t mix

June 9, 2008
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   Judges have the right to control their courtrooms to maintain civility and safety, but throwing people in jail because of a ringing cell phone is extreme. That’s what Niagara Falls City Court Judge Robert Restaino did when no one claimed a beeping cell phone while he was hearing domestic violence cases. No one claimed it, so he jailed 46 people – everyone except the attorneys and court staff.  



 



On June 5, the New York Court of Appeals upheld the New York Commission on Judicial Conduct’s decision to remove him from the bench, calling his behavior “inexcusable.” The Court of Appeals decided an extreme punishment was needed for the judge’s extreme behavior. 



 Judges must not like ringing cell phones in their courtrooms.

A couple of years ago Lake County Criminal Court Judge Diane Boswell fined a woman $100 after her cell phone rang during the morning court call and assigned community service to the other people sitting in the row where the cell phone rang for not fessing up right away when the judge questioned who owned the phone. Though not as extreme as the New York judge’s actions, Judge Boswell obviously wanted to make a point that ringing cell phones – and not claiming the phone quickly – won’t be tolerated. At least she didn’t throw anyone in jail.



 These kinds of incidents raise the question as to how much power a judge should have over his or her courtroom and when do the judge’s actions cross the line and become “inexcusable.” Ringing cell pones are annoying, but I’m just not sure they warrant jail time or even community service.
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  • On2-17-2010 my son went before a judge in medford oregon for driving without license got 10 days for ticket and 10 days for cell phone ring,same county couple busted 220 pounds of pot with value of 500.000 found guilty 30 days in jail. where is Justice in this he lost 3 weeks pay maybe job.

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

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