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.
  • 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. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL