The antics of Niagara Falls Judge Robert Restaino had their moment in the sun before the New York Court of Appeals.  Restaino was the fellow who blew his top when a cellphone rang in his domestic violence courtroom, and held 46 defendants hostage awaiting the guilty party to step forward.  That never happened, of course, but the good judge caught the eye of the Judicial Conduct Commission and bought himself a ticket to the world of the robeless.

Through his attorney, Terry Connors, Restaino appeals his removal to the big court in Albany.  The Niagara Gazette reported on the oral argument.

“Don’t impose the judicial death penalty here,” Terrence Connors said. “(Restaino) has so much more to give.”

Ouch.  That, methinks, is what everybody is afraid of.

“Why it happened holds the key to whether Robert Restaino should be returned to the bench as a Niagara Falls City Court judge,” Connors told the court. “It was a perfect psychological storm and one we should have seen coming.”

Almost immediately, Judith Kaye, the court’s chief justice, interrupted.

“What were these signs (of impending trouble) that were missed?” she asked.

“(Restaino’s) incredible caseload, his unbelievable caseload,” Connors answered.

Now if I were a wag, I might suggest that caseloads are what judges are supposed to be able to handle, not what drives them over the wall. 

Restaino’s lawyer had already argued in a 60-plus page brief filed with the court before the hearing that Restaino’s “eruption (on the bench) was the result of severe psychological stressors at work and at home.”

“We have a lot of workaholic judges,” Justice Robert Smith said. “Are they all at risk (of behavior like Restaino’s)?”

Connors told him studies of the legal profession show many are.

“(Restaino) went completely off the rails,” Smith said. “How can we say to the community, ‘We understand what (the judge) did, but he won’t do it again?’ ”

Granted, Terry had little to work with on this appeal.  The fact is that he may have evoked some sympathy for Restaino’s inability to handle the psychological pressures of the bench, but that’s an argument for keeping him as far away from a position of power as possible, not putting back in the “pressure cooker.” 

But Connors plea for mercy begged a question:

Several of the justices repeatedly pressed Connors over “where to draw the line” on what behavior can be forgiven and what can not.

“Is there some conduct,” Kaye asked, “that is so intolerable (that a judge must be removed from the bench)?”

“Yes,” Connors replied.

“But with this (extreme stress) explanation, then what (conduct) would be (too extreme)?” Kaye pressed.

“There have been judges that threatened people,” Connors replied.

Kaye cut him off. “(Restaino’s conduct) is worse.”

Restaino didn’t threaten.  He actually did it.  To 46 defendants.  Luckily, judges aren’t armed or summary execution might not have been out of the question.  And then there’s the problem with the fact that after a few hours (hours!), Restaino hadn’t come to his senses:

Justice Victoria Graffeo questioned Restaino’s motivation for reversing course and releasing the 46 individuals who were jailed several hours later.

“Didn’t he do this when a reporter called?” Graffeo asked.

Connors insisted that Restaino was already making plans to release the individuals before reporters began asking questions of court officials about what had happened.

Making plans?  Terry Connors had a tough position on his hands.  Exactly what “plans” must one make to stop acting like a psychopath?   The best argument Terry had available was that Restaino was contrite (just like everybody when they find their hand in the cookie jar) and that it was an aberration (questionable, but there were no prior actions against him by the Commission).

But the extent of impropriety here was huge.  Imprisoning 46 defendants for hours because a cellphone rang?  That’s big on the list of really bad offenses by judges. 

So it seems the answer comes down to an old retort that happens when we argue for a lenient plea for a murderer.  Nobody gets their first murder for free.  And so, I predict that Robert Restaino will be selling one slightly soiled robe on eBay.  Any bidders?