The state's Commission on Judicial Conduct, which issued a scathing report on the behavior of Niagara Falls City Court Judge Robert Restaino and ordered his removal from the bench, is itself a dysfunctional vortex of personal ambition and petty rivalry that has spent much of the past year locked in a death match with itself, trying to oust its own chairman, the Reporter has learned.
This year, the commission -- which currently consists of 10 members and a support staff of 37 -- will squander a mind-boggling $4.8 million of your tax dollars in its never-ending quest to second-guess and nitpick the behavior and decisions of judges around the state. In Restaino's case, the commission ruled 9-1 that the judge's detention of 46 convicted thugs for periods of between 20 minutes and seven hours one afternoon two years ago was sufficient to warrant the overturning of a lawful election here and removing him from the bench.
But the biggest headlines generated by this obscure, faceless bureaucracy over the past year were those dealing with an effort by nine of the commissioners to get rid of Commission Chairman Raoul Felder, a former federal prosecutor better known for representing one side or the other in some of Hollywood's biggest divorce cases.
Although Felder's legal background dwarfs those of the commission's other members, most of whom appear to be politically motivated social climbers with little or no courtroom experience, it was his co-authorship with the Borscht Belt comedian Jackie Mason of a book of humor entitled "Schmucks!" that raised his colleagues' ire. In a joint statement, the same nine members who voted to oust Restaino expressed their feigned Puritanical outrage.
"Much of the material in this book, and the work as a whole, undermine the appearance of impartiality, and the dignity and probity required of the Commission and its Chair," they wrote on April 13 of this year. "Although the book purports to be a work of humor, much of it is crude, vulgar and otherwise demeaning."
Apparently, the nine commission members are against the very concept of Jewish humor. "The book repeatedly invokes racial, ethnic and religious invective," they note dourly.
One unintended consequence of the flap was that "Schmucks!" started selling like hot latkes. The book, in fact, became so successful that an audio CD edition was released. As "Schmucks!" climbed the New York Times Best Seller list, Felder went on the offensive, defiantly refusing to step down as chairman.
One of those who went out and bought the book was David Jay, the renowned civil rights attorney who formerly served as chief counsel for the American Civil Liberties Union in New York and has represented both the Niagara Falls Reporter and five of the men ordered detained by Restaino that day. He found himself so mystified by the commission's response to what was, after all, a comedy book, that he wrote them a letter defending Felder.
"The Commission has demonstrated clearly the stuff of which it is made: sanctimonious, high-lofted illusions that its members are perhaps anointed with regal qualities or are even divinely inspired in their quest to do good works," he wrote. "How can the public have confidence in an agency of the government that has no sense of humor? And seeks to punish someone who has the temerity to display some good-natured humanity and cheer?"
The battle between the commission and its chairman dragged on into the summer, garnering considerable attention in the gossip columns of the New York Post and Daily News, just as the body was deliberating on the fate of Judge Restaino.
It is difficult to believe, particularly in light of the fact that the commission's vote was 9-1 against the judge, with Felder casting the sole vote to retain him, that the "Schmucks!" controversy didn't play a role in the decision.
"Having listened to the judge, and having considered the matter carefully, I cannot find it within myself to destroy this individual's professional life over this regrettable episode," Felder wrote in his dissenting opinion.
"The record shows without contradiction that he is a decent, humble, dedicated individual who is well-liked and respected," Felder continued. "On a human level, I simply do not believe that such an episode should outweigh a lengthy, distinguished career of public service."
Locally, other judges here have been ordered to keep quiet on the case, and would only speak off the record for fear of reprisal from the office of Administrative Law Judge Sharon Townsend, they said. Still, they were unanimous in their support for Restaino.
"They can't even make up their minds on who's going to serve on their own commission, and they're going to rule on who can or can't be a judge in Niagara Falls?" one distinguished member of the bench asked. "They ought to get their own house in order before they go around bothering people hundreds of miles away."
Meanwhile, the outpouring of support for Restaino has been overwhelming, from both the citizens of Niagara Falls and their elected representatives. People from every level of society here are asking what they can do to ensure the judge is returned to the bench.
"What the commission has done here is a travesty," state Sen. George Maziarz told the Reporter. "Judge Restaino is an individual of the highest caliber who has devoted his entire adult life to public service, and this ridiculous and irresponsible decision needs to be reversed as quickly as possible."
The New York State Commission on Judicial Conduct was created as a temporary agency by legislative fiat in 1974, and was slipped into the labyrinthine state constitutional amendment bills approved by voters in 1976 and 1978. Since that time, any number of judges around the state have been tried and convicted of crimes ranging from drunk driving to shoplifting to sex offenses, and not been removed from the bench by the commission.
Like Felder, David Jay stated that, while the judge's actions in court that day were certainly inappropriate, the commission clearly overreacted in its heinous response.
"To remove him for this incident is way over the top," he said. "Hopefully, cooler heads will prevail in the Court of Appeals."
| Niagara Falls Reporter | www.niagarafallsreporter.com | Dec. 11 2007 |