Court Upholds NY Judge's Removal For Jailing 46

By: Associated Press
By: Associated Press

ALBANY, N.Y. (AP) - New York's top court has upheld the removal
of a Niagara Falls city court judge who jailed 46 people after no
one would own up to a cell phone that rang in court.
The state Commission on Judicial Conduct concluded in a November
decision that Judge Robert Restaino "snapped" during the March
2005 session. It voted 9-1 for his removal.
Restaino was hearing domestic violence cases when the phone
rang. He released everyone later that day.
He says he was wrong and under personal stress at the time. He
says his record was otherwise unblemished and there would be no
similar incidents.
The New York State Court of Appeals on Thursday unanimously
upheld his removal. It calls punishing innocent people
"inexcusable."

(Copyright 2008 by The Associated Press. All Rights Reserved.)


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