# Welcome to Western NY (Court System)

**URL:** <https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444>\
**Category:** NYSpeed Off Topic\
**Created:** [November 29, 2007, 1:24am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444 "2007-11-29T01:24:51Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Violator](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/violator/32/7278_2.png) [@Violator](https://forums.speedlife.net/u/Violator)\
**Post date:** [November 29, 2007, 1:24am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/1 "2007-11-29T01:24:51Z")

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[http://news.yahoo.com/s/afp/20071128/od\_afp/usjusticeoffbeat](http://news.yahoo.com/s/afp/20071128/od_afp/usjusticeoffbeat)

NEW YORK: A judicial panel in the US has removed an “egregious” judge, who objected to the ringing of a cell phone in the courtroom and ordered the arrest of 46 defendants present on the premise.

The ringing of a cell phone annoyed Judge Robert M Restaino in New York State’s Niagara Falls so much that he asked the person whose instrument had made the noise to come forward.

Otherwise, everyone in the court room could take a week in jail. “Please do not tell me I am the only one who heard that,” Restaino had said.

When no one came up voluntarily, the judge carried out his threat.

According to New York State Commission on judicial conduct, Restaino ordered 46 defendants to be held in custody and they were ultimately placed in holding cells.

The Commission was not amused by the judges conduct and recommended his removal, describing his action as “egregious and unprecedented abuse of judicial power.”

The Commission found that while the judge “chastised” at length the defendants who claimed ignorance about the ringing phone’s owner and accused the culprit of being “self-absorbed” for not coming forward, he never questioned “any of the prosecutors, defence attorneys, court personnel, programme representatives or others who were present in the courtroom” on March 11, 2005.

Restaino, for his part, attributed his behaviour to “certain stresses in his personal life,” according to the report.

“It is tragic that in a crowded courtroom, only the individual wearing judicial robes, symbolizing his exalted status and the power it conferred, seems to have been oblivious to the enormous injustice caused by his rash and reckless behaviour,” the Commission said.

ABUSE OF POWER is a understatement.

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**Author:** ![ultradriver10000](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/ultradriver10000/32/7397_2.png) [@ultradriver10000](https://forums.speedlife.net/u/ultradriver10000)\
**Post date:** [November 29, 2007, 3:55am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/2 "2007-11-29T03:55:46Z")

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hum, I wonder if the people involved were offered small settlements for waisting their time.

I know would be upset that all my time was waisted on something so stupid. But then again I would accept an offer at a rate of $25 an hour.

Or a million…but that would just be to prove a point :banghead:

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**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\
**Post date:** [November 29, 2007, 5:28am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/3 "2007-11-29T05:28:14Z")

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Sounds to me like the system worked. Asshole judge removed from the bench.

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**Author:** ![97FormulaWS-6](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/97formulaws-6/32/7384_2.png) [@97FormulaWS-6](https://forums.speedlife.net/u/97FormulaWS-6)\
**Post date:** [November 29, 2007, 6:13am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/4 "2007-11-29T06:13:27Z")

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Nice, at least one corrupt judge gone.

Now just look at the Joe Fransis situation…

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**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\
**Post date:** [November 29, 2007, 6:17am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/5 "2007-11-29T06:17:13Z")

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Yep, welcome to Western NY: Where it may take some time, but the right thing gets done. This certainly is a nice place to live. 🙂

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**Author:** ![SVT3945](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/svt3945/32/7409_2.png) [@SVT3945](https://forums.speedlife.net/u/SVT3945)\
**Post date:** [November 29, 2007, 6:19am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/6 "2007-11-29T06:19:44Z")

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[quote=“Fry,post:5,topic:39444"”]

This certainly is a nice place to live. 🙂

[/quote]

LOL, I swear you have to be great at puzzles to follow alot of the shit on this board !!

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**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\
**Post date:** [November 29, 2007, 6:26am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/7 "2007-11-29T06:26:17Z")

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😛

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**Author:** ![RedrRocket](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/redrrocket/32/7193_2.png) [@RedrRocket](https://forums.speedlife.net/u/RedrRocket)\
**Post date:** [November 29, 2007, 7:17am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/8 "2007-11-29T07:17:25Z")

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if this happened back in 2005 why is it news today?  
did it really take that long to get the guy removed?

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**Author:** ![mike125k](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/mike125k/32/7282_2.png) [@mike125k](https://forums.speedlife.net/u/mike125k)\
**Post date:** [November 29, 2007, 9:47am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/9 "2007-11-29T09:47:39Z")

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[quote=“RedrRocket,post:8,topic:39444"”]

if this happened back in 2005 why is it news today?  
did it really take that long to get the guy removed?

[/quote]

they did say this was WNY afterall…

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**Author:** ![Violator](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/violator/32/7278_2.png) [@Violator](https://forums.speedlife.net/u/Violator)\
**Post date:** [November 29, 2007, 1:28pm UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/10 "2007-11-29T13:28:55Z")

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^ lol

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**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\
**Post date:** [June 5, 2008, 11:33am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/11 "2008-06-05T11:33:56Z")

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_Bump_

He appealed, and the state supreme court told him to fuck off.

Paraphasing of course.

[http://www.wben.com/news/fullstory.php?newsid=10126](http://www.wben.com/news/fullstory.php?newsid=10126)

> Removal Of Falls Judge Upheld  
> Thursday, June 5, 2008 01:18 PM - WBEN Newsroom
> 
> ALBANY, N.Y. – 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.”

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**Author:** ![justa4door](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/justa4door/32/7259_2.png) [@justa4door](https://forums.speedlife.net/u/justa4door)\
**Post date:** [June 5, 2008, 11:38am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/12 "2008-06-05T11:38:19Z")

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nice

i read the op and i was like this is a old story …no way it happened once more

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**Author:** ![POOPRA](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/poopra/32/7188_2.png) [@POOPRA](https://forums.speedlife.net/u/POOPRA)\
**Post date:** [June 5, 2008, 11:39am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/13 "2008-06-05T11:39:05Z")

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[quote=Violator;751261]  
Restaino, for his part, attributed his behaviour to “certain stresses in his personal life,” according to the report.  
quote]

What a bullshit statement, I was stressed out so I locked up people for their cellphones ringing.

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**Author:** ![ILCisDEAD](https://avatars.discourse-cdn.com/v4/letter/i/a87d85/32.png) [@ILCisDEAD](https://forums.speedlife.net/u/ILCisDEAD)\
**Post date:** [June 5, 2008, 11:39am UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/14 "2008-06-05T11:39:45Z")

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Isn’t it illegal to have a cell phone in the courtroom?

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**Author:** ![j\_espo1](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/j_espo1/32/7291_2.png) [@j\_espo1](https://forums.speedlife.net/u/j_espo1)\
**Post date:** [June 5, 2008, 12:12pm UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/15 "2008-06-05T12:12:00Z")

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i support the judges actions. have any of you been to court in the Falls? Its appalling what people show up there wearing.

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**Author:** ![Viper966](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/viper966/32/7268_2.png) [@Viper966](https://forums.speedlife.net/u/Viper966)\
**Post date:** [June 5, 2008, 12:17pm UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/16 "2008-06-05T12:17:20Z")

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> [@ILCisDEAD](#):
>
> Isn’t it illegal to have a cell phone in the courtroom?

illegal not specifically, contempt of court can be used for anything… that being said… you cant jail everybody for one cell phone ringing… thats what the problem was because it was obvious he was jailing 46 innocent people…

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**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\
**Post date:** [June 5, 2008, 12:23pm UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/17 "2008-06-05T12:23:49Z")

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> [@Viper966](#):
>
> illegal not specifically, contempt of court can be used for anything… that being said… you cant jail everybody for one cell phone ringing… thats what the problem was because it was obvious he was jailing 46 innocent people…

Exactly. I wouldn’t even have a problem with a judge sticking someone in jail for a couple hours for showing up to court in shorts and a t-shirt and calling it contempt of court. I’ve seen that plenty of times at Amherst court. But locking up completely innocent people really crossed the line. Glad the state appellate court agreed.

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**Author:** ![Eazy716](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/eazy716/32/7443_2.png) [@Eazy716](https://forums.speedlife.net/u/Eazy716)\
**Post date:** [June 5, 2008, 12:26pm UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/18 "2008-06-05T12:26:53Z")

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> [@JayS](#):
>
> Exactly. I wouldn’t even have a problem with a judge sticking someone in jail for a couple hours for showing up to court in shorts and a t-shirt and calling it contempt of court. I’ve seen that plenty of times at Amherst court. But locking up completely innocent people really crossed the line. Glad the state appellate court agreed.

agreed…the few times I had to go to Depew court, jesus fuck you should see some of the trash that walk in there. people in pajamas and slippers, etc. just the worst of the scum

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**Author:** ![bracketracer](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/bracketracer/32/15592_2.png) [@bracketracer](https://forums.speedlife.net/u/bracketracer)\
**Post date:** [June 5, 2008, 12:30pm UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/19 "2008-06-05T12:30:21Z")

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> [@JayS](#):
>
> Exactly. I wouldn’t even have a problem with a judge sticking someone in jail for a couple hours for showing up to court in shorts and a t-shirt and calling it contempt of court.

I picture this

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<div class="post-metadata">

**Author:** ![ILCisDEAD](https://avatars.discourse-cdn.com/v4/letter/i/a87d85/32.png) [@ILCisDEAD](https://forums.speedlife.net/u/ILCisDEAD)\
**Post date:** [June 5, 2008, 12:33pm UTC](https://forums.speedlife.net/t/welcome-to-western-ny-court-system/39444/20 "2008-06-05T12:33:24Z")

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> [@Viper966](#):
>
> illegal not specifically, contempt of court can be used for anything… that being said… you cant jail everybody for one cell phone ringing… thats what the problem was because it was obvious he was jailing 46 innocent people…

oh don’t get me wrong i think its bullshit that he arrested everyone with a cell phone.

It just seems illegal to have a cell phone listening in to everything going on… Hell cameras are illegal and cells have cameras.

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