Legal News

?Two Hours of Inexplicable Madness? or Something Else?

By Dan Slater

Back in November, we wrote about the cell-phone-inspired tirade of Niagara Falls City Court judge Robert Restaino (pictured).

In March 2005 Judge Restaino, while presiding over domestic-violence cases, heard a phone ring in his courtroom. Reportedly, he told those present that “every single person is going to jail in this courtroom” unless the phone was turned over. Judge Retaino then reportedly posted a security officer at the door while other officers unsuccessfully tried to find the phone. Frustrated at his inability to find the owner of the ringing phone, Restaino summarily sent 46 defendants into custody.

New York’s state commission on judicial conduct recommended removing Judge Restaino for what it called “two hours of inexplicable madness” and engaging in behavior resembling “a petty tyrant.”

Now Restaino and his lawyer, Terrence Connors, are appealing the decision to New York’s high court — and, according to this piece in today’s NYLJ, they’re getting a lot of support from the Niagara Falls legal community. Last week, New York state’s Court of Appeals accepted 10 amicus briefs recommending that the court spare Restaino’s job.

“No evidence exists that his actions were motivated by anything other than an attempt on his part, misguided as it may have been, to protect the integrity of the domestic violence court,” stated a brief filed by several local bar associations.

In another brief, a group of fellow judges made a mental-health plea: “Regardless of how this Court rules on the issue of sanction in this case, it is our fervent hope that the Court will formally acknowledge that untreated emotional issues can have disastrous consequences for judges at every level.” The record, continues the brief, “clearly establishes that this fine Judge did not get help when he sorely needed it. We consider the Commission’s dismissive treatment of Judge Restaino’s emotional and psychological issues to be troubling.”

Hey LB’ers, tell us, how would you rule on Restaino’s case? Judges, we suppose, have bad days just like everyone else. How much leeway should they get for emotional and psychological issues that affect their courtroom composure?

Full post as published by Law Blog - WSJ.com on February 20, 2008 (boomark / email).