Tuesday, November 27, 2007 8:30 PM - By David Lat
This episode gives new meaning to the term "flip phone." A cell phone that went off during court proceedings caused one judge to, well, flip out. From the NYT's City Room blog:
The next time you pass through the city court system in Niagara Falls, N.Y., remember to turn your cellphone off.Today, the Commission on Judicial Conduct recommended the removal of a judge in Niagara Falls City Court who had, what the commission’s chairman, Raoul L. Felder, called, “two hours of inexplicable madness” when a cellphone rang in his courtroom.
Specifically, on the morning of March 11, 2005, the judge, Robert M. Restaino, was presiding over a slate of domestic violence cases when he heard a phone ring in his courtroom. He told the roughly 70 people in the courtroom, according to the commission’s report, that “every single person is going to jail in this courtroom” unless the phone was turned over.
Look, we hate cellphones ringing at inappropriate times as much as the next guy. But was Judge Restaino's reaction a tad over the top? We suggest -- with respect, Your Honor -- that you're a few beeps short of a ringtone.
Read what happened next, after the jump.
Continue reading "Judge of the Day: Robert Restaino"
Tuesday, August 21, 2007 2:45 PM - By David Lat
Last week we described the Honorable Marian Shelton, of Bronx Family Court, as "a true judicial diva." Here's more about her, from the New York Post:
A Bronx judge had a court clerk's wife handcuffed and tossed in a cell for contempt - because she whispered "a**hole" after her husband was kept late at work, a state panel has charged.Family Court Judge Marian Shelton screamed at the woman, "He'll leave when he's finished his work, not when you tell him!" before ordering court officers to take her to a holding cell for the weekend....
Pretty awesome. Should we be surprised to learn that Judge Shelton's wedding was presided over by another colorful and cantankerous New Yorker, then-Mayor Rudolph Giuliani?
Interesting enough, Judge Shelton is being eyed for elevation -- but not to an appellate court. Details after the jump.
Continue reading "Judge Marian Shelton: A Judge Judy in Waiting?"
Tuesday, August 21, 2007 1:20 PM - By David Lat
We alluded to this briefly last week (item #3). But since a number of you have emailed us about it, let's take a second look.
Judge John Plough, of Portage County, Ohio, is our hands-down Judge of the Day. From the Law & Justice Unit of ABC News:
Portage County Judge John Plough had assistant public defender Brian Jones arrested for contempt of court last week after Jones refused to begin a misdemeanor assault trial because he said he was unprepared. Jones was assigned to the case one day earlier....Plough's ruling prompted an outcry from defense lawyers, both in Ohio and across the country. Carmen Hernandez, president of the National Association of Criminal Defense Lawyers, said in a statement that defense lawyers have an ethical obligation not to start trial if they are not prepared.
"Asking a lawyer to go to trial without preparation is like asking a doctor to perform surgery before diagnosing the patient," she said.
Well, look on the bright side. At least the defendant's speedy trial right is being vindicated!
Judge Has Unprepared Lawyer Arrested [ABC News]