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Hon. James Donato
District judge
N.D.Cal.
9th Circuit
Average Rating:
2.4
 -
17
rating(s)

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Rating:

*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. James Donato

evaluator

ID

date
Temp*  Sch*  Indu* Comp*   Punct*    Ev-Cv*   Ev-Cr* Flex  Bail  Crim  Settle Trial Sent Coop Average
Civil Litigation - Private

32548

1/2/19

1

1

1

1

3

1

1

1

1

1

1

1
1
1

1.3

read comment
Civil Litigation - Private

32250

1/2/19

1

1

2

1

0

1

0

1

0

0

1

0
0
0

1.2

read comment
Civil Litigation - Private

26664

1/2/18

1

1

2

1

3

1

1

0

0

0

1

0
0
0

1.4

read comment
Prosecutor

25678

1/2/18

1

1

1

0

0

0

3

0

5

5

0

0
6
0

1.5

read comment
Civil Litigation - Private

25434

1/1/18

1

1

0

1

1

1

1

1

1

1

1

1
1
1

1

read comment
Criminal Defense Lawyer

25435

1/1/18

1

1

1

1

1

1

1

1

1

1

1

1
1
1

1

read comment
Civil Litigation - Private

25363

1/2/18

8

8

8

8

9

6

0

6

0

0

0

0
0
0

7.8

read comment
Civil Litigation - Private

25042

1/2/17

1

1

4

1

0

1

0

0

0

0

0

0
0
0

1.6

read comment
Civil Litigation - Private

24723

1/3/17

1

0

0

0

0

0

0

0

0

0

0

0
0
0

1

read comment
Civil Litigation - Private

24370

1/2/17

0

0

0

0

0

0

0

0

0

0

0

0
0
0

0

read comment
Civil Litigation - Private

24048

1/2/16

1

3

1

2

1

1

0

2

0

0

1

0
0
0

1.5

read comment
Civil Litigation - Private

24049

1/2/16

7

9

8

9

9

8

0

7

0

0

0

0
0
0

8.3

read comment
Civil Litigation - Private

24084

1/2/17

2

3

2

0

2

1

0

1

0

0

1

0
0
0

2

read comment
Civil Litigation - Private

23911

1/2/16

1

1

1

1

5

1

0

0

0

0

1

0
0
0

1.7

read comment
Civil Litigation - Private

23379

1/2/16

1

0

0

0

0

0

0

1

0

0

0

0
0
0

1

read comment
Civil Litigation - Private

23311

1/2/16

1

1

1

1

1

1

0

1

0

0

1

0
0
0

1

read comment
Criminal Defense Lawyer

23262

1/1/16

1

5

2

0

9

8

0

3

0

0

1

0
0
0

5

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
Civil Litigation - Private

32548

1/2/19

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

32250

1/2/19

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

26664

1/2/18

0

0

0

0

0

0

0

0

0

read comment
Prosecutor

25678

1/2/18

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

25434

1/1/18

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

25435

1/1/18

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

25363

1/2/18

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

25042

1/2/17

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

24723

1/3/17

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

24370

1/2/17

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

24048

1/2/16

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

24049

1/2/16

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

24084

1/2/17

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

23911

1/2/16

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

23379

1/2/16

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

23311

1/2/16

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

23262

1/1/16

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. James Donato

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comment #:
32948
rating:
average rating is 3 out of 5
average rating is 3 out of 5
3/18/22, 8:49 AM
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comment #:
32942
rating:
average rating is 3 out of 5
average rating is 3 out of 5
3/12/22, 5:20 PM
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comment #:
32922
rating:
average rating is 3 out of 5
average rating is 3 out of 5
2/4/22, 3:48 AM
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Civil Litigation - Private
comment #:
32548
rating:
1.3
average rating is 3 out of 5
average rating is 3 out of 5
Why did this man apply for a federal judgeship? He despises attorneys and his job. Worse yet, he has no idea how to try a case. My guess is that he carried Jim Brosnahan's bag to court and did a few arbitrations. The only thing with which opposing counsel and I agreed is that Donato was a complete nightmare.
1/2/19, 1:10 PM
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Civil Litigation - Private
comment #:
32250
rating:
1.2
average rating is 3 out of 5
average rating is 3 out of 5
Worst judicial temperament of any federal judge before whom I have appeared. Although we ultimately won the case, it was in no large part due to Judge Donato's Jekyll and Hyde demeanor. He was all smiles in front of the jury. But when they were not in the courtroom, he was the most unhinged when interfacing with the attorneys. I can honestly say that I have never seen a more egotistical judge, and I regularly practice in the Central District -- which says a lot.
1/2/19, 6:39 AM
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Civil Litigation - Private
comment #:
26664
rating:
1.4
average rating is 3 out of 5
average rating is 3 out of 5
Worst judge on the federal bench, bar none. I am a female attorney who tried a case before Judge Donato. Apart from having the worst judicial temperament I have ever seen, he treats female attorneys like second-class citizens. He is sexist, arrogant bully.
1/2/18, 11:51 AM
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Prosecutor
comment #:
25678
rating:
1.5
average rating is 3 out of 5
average rating is 3 out of 5
As a judge, its one thing if youre arrogant and smarter than everyone in the room. Its wholly another if youre arrogant and dumber than everyone in the room. Toxic combination. Also hates actually doing work and likes to pass cases off on other judges.
1/2/18, 10:17 PM
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Civil Litigation - Private
comment #:
25434
rating:
1
average rating is 3 out of 5
average rating is 3 out of 5
Worst judicial temperament of any judge before I have appeared. He appears to hate lawyers. He apparently has never tried a case before taking the bench, as he does not even understand the fundamental rules of evidence.
1/1/18, 10:50 PM
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Criminal Defense Lawyer
comment #:
25435
rating:
1
average rating is 3 out of 5
average rating is 3 out of 5
The manner in which he demeans the attorneys who appear before him is reprehensible. He is a walking and breathing argument for federal courts to adopt a rule akin to C.C.P. section 170.6
1/1/18, 11:31 PM
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Civil Litigation - Private
comment #:
25363
rating:
7.8
average rating is 3 out of 5
average rating is 3 out of 5
Fair, but tough judge
1/2/18, 6:17 AM
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Civil Litigation - Private
comment #:
25042
rating:
1.6
average rating is 3 out of 5
average rating is 3 out of 5
Judge Donato mixes a dangerous combination of arrogance, lack of understanding of the law and a lack of self awareness. He seems to be completely ego/power driven and appears to only care about belittling those unfortunate enough to appear in front of him. He is unaware of his huge gaps in knowledge, as demonstrated by an unfortunate display when he was sitting by designation on the 9th Circuit. Overall, it is a miserable experience being before him. He is a caricature of an arrogant, mean spirited and ill informed judge.
1/2/17, 10:22 AM
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Civil Litigation - Private
comment #:
24723
rating:
1
average rating is 3 out of 5
average rating is 3 out of 5
He has the worst judicial temperament of any judge in the N.D. Cal. and any judge I have ever appeared before. He is an arrogant bully on the bench. He claims to support development of young lawyers but he nearly ruined my career when I appeared before him as a young associate on behalf of my first big client by threatening to sanction me for filing a motion that was consistent with the federal rules advisory committee notes, controlling Ninth Circuit precedent, and decisions from other judges on this court. But he wouldn't allow me to open my mouth at the hearing except to answer his questions without further explanation. Needless to say the client never asked me to argue in court after that on any case. I've seen plenty of short-tempered judges, but Judge Donato is not just short-tempered: he appears to have a pure hatred and resentment for his job and he is taking it out on the poor folks who are forced to appear before him. I wish there were some way his colleagues could conduct some type of intervention to help him before he ruins too many lives.
1/3/17, 12:38 AM
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Civil Litigation - Private
comment #:
24370
rating:
0
average rating is 3 out of 5
average rating is 3 out of 5
Rude, impatient, will not listen to anything contrary to his poorly informed first impression, a bully of the lowest type. This may be the worst judge I have appeared before in 25 years as to demeanor. I sincerely believe he is mentally ill.
1/2/17, 11:09 AM
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Civil Litigation - Private
comment #:
24048
rating:
1.5
average rating is 3 out of 5
average rating is 3 out of 5
Thinks juries are the 'single greatest dispute resolution mechanism ever created' = don't expect dispositive rulings, takes sides early and is very partial to his chosen side, dilatory in issuing major rulings, was neglectful of case management for a long time and then set unreasonably short schedule for parties, disrespectful to counsel on both sides, relies too heavily on law clerks.
1/2/16, 2:42 AM
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Civil Litigation - Private
comment #:
24049
rating:
8.3
average rating is 3 out of 5
average rating is 3 out of 5
He was prepared for the hearing and asked incisive questions of both sides. Runs a formal courtroom and expects attorneys to be very prepared for argument.
1/2/16, 3:41 AM
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Civil Litigation - Private
comment #:
24084
rating:
2
average rating is 3 out of 5
average rating is 3 out of 5
Very poor judicial temperament, unpleasant and arrogant. Seems like he is doing parties a big favor by presiding over trial and would prefer to be anywhere else. Poor case management, i.e., insists that trial date will happen prior to issuing summary judgment ruling, forcing counsel to re-submit all pretrial pleadings. Discourteous to both counsel but particularly to that of plaintiffs in civil rights matters. Rulings are poorly researched and reasoned.
1/2/17, 12:53 AM
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Civil Litigation - Private
comment #:
23911
rating:
1.7
average rating is 3 out of 5
average rating is 3 out of 5
This judge is rude, disrespectful, demeaning and degrading. He has made incorrect rulings which have resulted in a mess of a case.
1/2/16, 6:05 AM
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Civil Litigation - Private
comment #:
23379
rating:
1
average rating is 3 out of 5
average rating is 3 out of 5
Grumpy unpleasant person who does not seem like he wants to be there. So why is he? Not just a bad day either, I'm told, that's just him. Too early to say if the attitude has a substantive impact
1/2/16, 8:01 PM
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Civil Litigation - Private
comment #:
23311
rating:
1
average rating is 3 out of 5
average rating is 3 out of 5
Worst of the worst. I have never encountered a judge who dislikes lawyers more. He is a disgrace to the federal bench. Tried a case before him and won! Judge Donato obviously has never tried a case before. He has no business being on the federal bench.
1/2/16, 5:41 PM
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Criminal Defense Lawyer
comment #:
23262
rating:
5
average rating is 3 out of 5
average rating is 3 out of 5
Judge Donato is Manny Real on steroids. He has the worst judicial temperament I have encountered in my many years of practicing law. What was even more surprising is his complete inability to grasp basic rules of evidence. He is very bright, but I honestly do not believe that he ever first-chaired a trial before taking the bench. The manner in which he berates lawyers is spreading quickly among the bar as is reputation for doing so. It's a shame. I understand that he was not this way before he took the bench and (as I mentioned) he is a very bright guy. Perhaps with time he will mellow.
1/1/16, 6:37 AM
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