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Hon. Eric N. Vitaliano
District judge
E.D.N.Y.
2nd Circuit
Average Rating:
6.6
 -
10
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*Temperament:  
*Scholarship: 
*Industriousness: 
*Ability to Handle Complex Litigation:  
*Punctuality:  
*Evenhandedness in Civil Litigation:  
*Evenhandedness in Criminal Litigation: 
Flexibility In Scheduling 
General Inclination Regarding Bail
General Incl. in Criminal Cases, Pre-Trial: 
Involvement in Civil Settlement Discussions:

General Incl. in Criminal Cases, Trial:

General Incl. in Criminal Cases, Sentencing:

Typical Discount Off Guidelines for Cooperators:

  Items marked with (*) are averaged into the displayed overall rating

(1=Awful,10=Excellent)
(1=Awful,10=Excellent)
(1=Not at all industrious,10=Highly industrious)
(1=Awful,10=Excellent)
(1=Chronic`y Late,10=Always on Time)
(1=Demonstrates Bias,10=Entirely Evenhanded)
(1=Demonstrates Bias,10=Entirely Evenhanded)
(1=Completely Inflexible,10=Very Flexible)
(1=Pro-Defense,10=Pro-Government)
(1=Pro-Defense,10=Pro-Government)
(1=Least Involved,10=Most Involved)

(1=Pro-Defense,10=Pro-Government)

(1=Most Lenient,10=Most Harsh)

(1=10%,10=100%)

How familiar are you with the work of this judge?:
Participates in Oral Argument:
Quality of Questions During Oral Argument:
Attitude during oral argument:

Scholarship as reflected in Opinions:

General Inclination in Criminal Appeals:

General Inclination in Civil Rights Appeals:

General Inclination in Labor Law Appeals:

General Inclination in Immigration Appeals:

(1=Not at all familiar,10=Extremely familiar)

(1=Rarely,10=Always)

(1=Poor,10=Extremely insightful)

(1=Consistently inappropriate,10=Cons. respectful)

(1=Poor,10=Outstanding)

(1=Strongly Pro­Government,10=Strongly Pro­Defense)

(1=Strongly Pro-Defendant,10=Strongly Pro­Plaintiff)

(1=Strongly Pro­Employee,10=Strongly Pro­Employer)

(1=Strongly Pro­Immigrant,10=Strongly Pro­Gov.)

Non-lawyer rating (if applicable)

(1= worst, 10=best)

Ratings:

What others have rated

Hon. Eric N. Vitaliano

evaluator

ID

date
Temp*  Sch*  Indu* Comp*   Punct*    Ev-Cv*   Ev-Cr* Flex  Bail  Crim  Settle Trial Sent Coop Average
Criminal Defense Lawyer

21797

1/1/14

1

1

1

1

1

1

0

0

0

0

0

0
0
0

1

read comment
Criminal Defense Lawyer

18356

1/2/12

10

2

2

2

10

5

0

9

0

0

1

0
0
0

5.2

read comment
Civil Litigation - Private

11797

1/1/10

10

9

10

9

8

9

0

9

0

0

8

0
0
0

9.2

read comment
Criminal Defense Lawyer

9374

1/2/09

10

0

7

0

0

0

9

10

0

0

0

0
3
0

8.7

read comment
Criminal Defense Lawyer

6751

1/2/08

10

10

8

7

10

0

10

10

0

10

0

0
10
0

7.9

read comment
Criminal Defense Lawyer

5834

1/1/08

10

10

10

10

8

10

10

10

5

5

0

5
0
0

9.7

read comment
Criminal Defense Lawyer

5675

1/1/08

1

1

1

1

1

1

1

1

1

1

1

1
1
1

1

read comment
Civil Litigation - Govt.

1599

1/1/06

8

0

0

7

8

5

0

0

0

0

0

0
0
0

7

read comment
Civil Litigation - Private

1152

1/2/06

10

10

10

10

10

10

0

5

0

0

0

0
0
0

10

read comment
Criminal Defense Lawyer

1154

1/2/06

0

0

0

0

0

0

0

0

0

0

0

0
0
0

0

read comment
category average

-

-

-

-

-

-

-

-

-

-

-

-
-
-

-

Items marked with (*) are averaged into the displayed overall rating
Fam
Par
Qu-Arg
At-Arg
Sch
Cri
Civ
Lab
Imm
How familiar are you with the work of this judge? (1=Not at all familiar,10=Extremely familiar)
Participates in Oral Argument (1=Rarely,10=Always)
Quality of Questions During Oral Argument (1=Poor,10=Extremely insightful)
Attitude during oral argument (1=Consistently inappropriate,10=Consistently respectful)
Scholarship as reflected in Opinions (1=Poor,10=Outstanding)
General Inclination in Criminal Appeals (1=Strongly Pro­Government,10=Strongly Pro­Defense)
General Inclination in Civil Rights Appeals (1=Strongly Pro-Defendant,10=Strongly Pro­Plaintiff)
General Inclination in Labor Law Appeals (1=Strongly Pro­Employee,10=Strongly Pro­Employer)
General Inclination in Immigration Appeals (1=Strongly Pro­Immigrant,10=Strongly Pro­Gov.)
evaluator

ID

date
Fam     Par  Qu-Arg At-Arg    Sch      Cri       Civ   Lab Imm
Criminal Defense Lawyer

21797

1/1/14

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

18356

1/2/12

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

11797

1/1/10

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

9374

1/2/09

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

6751

1/2/08

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

5834

1/1/08

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

5675

1/1/08

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Govt.

1599

1/1/06

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

1152

1/2/06

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

1154

1/2/06

0

0

0

0

0

0

0

0

0

read comment
category average

-

-

-

-

-

-

-

-

-

Non-lawyer Rating 
(if applicable)

evaluator

ID

date
Rating
category average

-

Temp*
Sch*
Indu*
Comp*
Punct*
Ev-Cv*
Ev-Cr*
Flex
Bail
Crim
Settle
Trial
Sent
Coop
Temperament (1=Awful 10=Excellent)    
Scholarship (1=Awful 10=Excellent)    
Industriousness (1=Not at all industrious 10=Highly industrious)    
Ability to Handle Complex Litigation (1=Awful 10=Excellent)    
Punctuality (1=Chronically Late 10=Always on Time)    
Evenhandedness in Civil Litigation (1=Demonstrates Bias 10=Entirely Evenhanded)    
Evenhandedness in Criminal Litigation (1=Demonstrates Bias 10=Entirely Evenhanded)    
Flexibility in Scheduling (1=Completely Inflexible    10=Very Flexible)    
General Inclination Regarding Bail (1=Pro-Defense 10=Pro-Government)    
General Inclination in Criminal Cases Pre-Trial (1=Pro-Defense 10=Pro-Government)
Involvement in Civil Settlement Discussions (1=Least Involved 10=Most Involved)    
General Inclination in Criminal Cases Trial (1=Pro-Defense 10=Pro-Government)
General Inclination in Criminal Cases Sentencing (1=Pro-Defense 10=Pro-Government)
Typical Discount Off Guidelines for Cooperators (1=10% 10=100%)    
comments1
Comments:

What others have said about

Hon. Eric N. Vitaliano

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Criminal Defense Lawyer
comment #:
21797
rating:
1
average rating is 3 out of 5
average rating is 3 out of 5
Eric N. Vitaliano: the 'N' stands for 'NIMBY'. When there was an opening in the Eastern District, Senator Schumer couldn't find a crackpot conservative he could stomach that he could recommend to President Bush, so this guy was the compromise choice. You're fishing in shallow waters with this guy. Doesn't read many of the orders ghost-written by his law clerk; he just signs and enters them on blind faith. Slovenly work ethic. Some judges read every word carefully in the briefs. Not this guy. Maybe it's because he's cock-eyed. He's got one eye on the page in front of him and another eye on the door, wishing he could go home. What else he looks at is anyone's guess, but it certainly isn't the work in front of him. He does know what kind of results he wants in a case, and he lets you know it in the papers he writes. When he was Assmeblyman, he was a pro-death penalty, anti-landfill secessionist on SI. That's all he thought about. I guess he was afraid the state would bury convicts in the SI landfill after executing them - probably in his backyard. Their ghosts would be wandering through his house at night, waking him and Helen. The quality of the federal bench is generally superb. Many judges there are the best of the best. These judge belong there; they understand each case thoroughly and they work hard to do the right thing. They were put there for their skills and reasoned temperaments. Then you have judges who are appointed to fulfill an ideological agenda. They're not there to be judges, but to maintain a school of thought - 'values', those knee-jerk reactionaries call it - which are not values at all but a maintenance of resistance to basic constitutional safeguards they view as 'radical' or 'coddling criminals'. We have judges a dime a dozen like that in the local courts. When politics gets involved, you get people like Vitaliano in a black robe. Sadly, they stay there until the Grim Reaper decommissions them
1/1/14, 6:25 PM
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Criminal Defense Lawyer
comment #:
18356
rating:
5.2
average rating is 3 out of 5
average rating is 3 out of 5
Nice guy - but really. A blue collar mope from Staten Island (where I own a home and have raised a family) as a federal judge? Better suited to his former criminal court position. A testament to politics!
1/2/12, 3:35 AM
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Civil Litigation - Private
comment #:
11797
rating:
9.2
average rating is 3 out of 5
average rating is 3 out of 5
1/1/10, 10:04 PM
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Criminal Defense Lawyer
comment #:
9374
rating:
8.7
average rating is 3 out of 5
average rating is 3 out of 5
A truly thoughtful jurist. He reads every word of every sentencing paper including all letters submitted on behalf of a defendant.
1/2/09, 5:09 PM
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Criminal Defense Lawyer
comment #:
6751
rating:
7.9
average rating is 3 out of 5
average rating is 3 out of 5
A gentleman and a scholar who really wants to do the right thing.
1/2/08, 1:00 AM
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Criminal Defense Lawyer
comment #:
5834
rating:
9.7
average rating is 3 out of 5
average rating is 3 out of 5
Absolutely one of the best judges around.
1/1/08, 9:02 PM
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Criminal Defense Lawyer
comment #:
5675
rating:
1
average rating is 3 out of 5
average rating is 3 out of 5
In my opinion, he's a complete hack - this man should not be on the bench.
1/1/08, 3:05 PM
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Civil Litigation - Govt.
comment #:
1599
rating:
7
average rating is 3 out of 5
average rating is 3 out of 5
1/1/06, 9:04 PM
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Civil Litigation - Private
comment #:
1152
rating:
10
average rating is 3 out of 5
average rating is 3 out of 5
1/2/06, 3:11 PM
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Criminal Defense Lawyer
comment #:
1154
rating:
0
average rating is 3 out of 5
average rating is 3 out of 5
One of the most pleasant judges to deal with.
1/2/06, 3:12 PM
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