Notary Public & Legal Support Network Blog

Monday, December 3, 2007

Judge went off the rails

So last Tuesday, Judge Robert Restaino was removed from the bench because of a bit of an outburst. Back in 2005, Judge Restaino was hearing a domestic violence case when someone’s cell phone went off. And the judge simply went off the rails:

"Everyone is going to jail. Every single person is going to jail in this courtroom unless I get that instrument now. If anybody believes I’m kidding, ask some of the folks that have been here for a while. You are all going."

And sure enough, when nobody fessed up, the judge had all 46 people taken into custody and tossed into the city jail. Most posted bail, but the fourteen who couldn’t were shackled and bussed off to the county jail.
It didn’t take long for word of this story to get out, and after the press started calling later in the afternoon, Judge Restaino ordered everyone released.
Imagine that you're in court supporting a friend when suddenly you hear someone's cell phone ringing. You think to yourself, "ooohhh, that persons gonna get yelled at!". When suddenly, the judge orders you, and everyone else in the courtroom, into custody!
I don't know about the rest of you, but I would be pissed!


  • Why should the judge be removed from the bench? I don't agree with this at all!

    Every courtroom I've ever been in has a big sign outside of the courtroom that tells people to shut off their cell phones before entering. If some disrespectful idiot wants to disobey the court rules, then the judge should come down on him/her.

    If I was the judge, I wouldn't have had everyone arrested. Rather, I would have ordered a search of those individuals closest to where the ringing came from. Those who have cell phones would be ordered to turn them on so I could see the recent incoming call log. All others would be free to go.

    The individual who had an incoming call within the past two minutes would be thrown in jail because they disrupted the court room and disobeyed court rules. Just my 2 cents again.

    By Anonymous Anonymous, At December 4, 2007 at 1:26 PM  

  • That's a funny article! The judge must of been having a bad day.

    By Anonymous Anonymous, At December 13, 2007 at 10:44 AM  

  • The judge should be removed as he violated the law and the fourth Amendment.
    the IV Amendment of the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.

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