20071216

Judge removed after jailing entire courtroom

By Katie Franklin

A US judge has been removed from the bench for jailing 46 people after none of them admitted responsibility for a ringing mobile phone in his courtroom.

A commission on judicial conduct recommended Judge Robert Restaino be struck off, saying he had "snapped" and "engaged in what can only be described as two hours of inexplicable madness" while hearing a domestic violence case at Niagara Falls city court in 2005.

The strange incident began when a mobile phone rang and an angry Mr Restaino demanded to know who it belonged to.

When no one owned up, Mr Restaino told the court: "Everyone is going to jail".

"Every single person is gong 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."

Despite the threat, no one came forward and the judge ordered that the group be taken into custody.

The entire courtroom was taken to the city jail, where they were searched and jammed into crowded cells.

Fourteen people were unable to pay their bail money and were shackled and bussed to Niagara County Jail.

The judge released the defendants later that afternoon after the media began showing interest in the bizarre episode.
In defending his actions, Mr Restaino told the commission he had been under stress in his personal life.

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