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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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