NEW YORK ( CNN ) -- A judge in Niagara Falls , New York , has apologized for jailing nearly four dozen people over a ringing mobile phone in his courtroom , his attorney said Wednesday . In removing City Court Judge Robert Restaino from office Tuesday , the state Commission on Judicial Conduct called his decision to lock up 46 people after no one claimed ownership of the phone `` a gross deviation from the proper role of a judge . '' But Restaino 's lawyer , Terrence Connors , said Wednesday the judge `` profoundly apologizes for his actions '' during the March 2005 hearing and will appeal the panel 's ruling . `` It is our hope that the Court of Appeals will measure those few hours against a decade of exemplary conduct on the bench , '' Connors said in a written statement . But the commission found Restaino 's conduct so egregious that his 11 years of service and clean record did not matter . `` We conclude that respondent 's behavior ... warrants the sanction of removal , notwithstanding his previously unblemished record on the bench and the testimony as to his character and reputation , '' the panel ruled . According to the commission report , Restaino was presiding over a domestic-violence case when a ringing mobile phone interrupted proceedings . When no one took responsibility for the ringing phone , Restaino ordered that court security officers search for the device . About 70 defendants were in the courtroom that day to take part in a monitoring program for domestic violence offenders . When no one admitted to owning the phone , Restaino heard the remaining cases and then recalled the cases of defendants who had already been released to question them about the phone , according to the commission report . After all the defendants denied having the phone or knowing who it belonged to , Restaino sent 46 people to jail . Fourteen who were unable to make bail were handcuffed and jailed for several hours . According to the report , Restaino decided to release defendants only after learning reporters were inquiring about their incarceration . E-mail to a friend .
Judge sent 46 people to jail after cell phone rang in courtroom . New York legal commission removes him from office . - March 10 : President Obama signs the bill that will allow federal agencies to collect telephone records of Americans without a warrant, and requires them to get court approval before doing so.