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THE ROBING ROOM
where judges are judged
Hon. Denis R. Hurley
District judge
E.D.N.Y.
2nd Circuit
Average Rating:
8.7
-
10
rating(s)
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Ratings:
What others have rated
Hon. Denis R. Hurley
evaluator
ID
date
Temp* Sch* Indu* Comp* Punct* Ev-Cv* Ev-Cr* Flex Bail Crim Settle Trial Sent Coop Average
Criminal Defense Lawyer
12407
1/1/11
10
10
10
10
10
0
10
10
5
7
0
7
7
7
10
Criminal Defense Lawyer
9813
1/2/10
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
5817
1/2/08
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
5025
1/1/07
10
9
10
9
9
0
10
10
0
5
0
0
0
0
9.5
Criminal Defense Lawyer
4157
1/1/07
8
0
8
8
9
0
5
7
9
7
0
0
7
8
7.6
Civil Litigation - Govt.
4075
1/1/07
9
10
10
10
10
10
0
10
0
0
0
0
0
0
9.8
Criminal Defense Lawyer
3953
1/2/07
10
10
8
0
10
0
8
6
8
8
0
8
8
0
9.2
Civil Litigation - Private
2738
1/2/06
9
10
9
7
10
9
0
7
0
0
0
0
0
0
9
Criminal Defense Lawyer
1198
1/2/06
5
5
7
5
7
4
7
5
0
6
0
7
6
0
5.7
category average
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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
12407
1/1/11
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
9813
1/2/10
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
5817
1/2/08
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
5025
1/1/07
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
4157
1/1/07
0
0
0
0
0
0
0
0
0
Civil Litigation - Govt.
4075
1/1/07
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
3953
1/2/07
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
2738
1/2/06
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
1198
1/2/06
0
0
0
0
0
0
0
0
0
category average
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-
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-
-
-
-
Non-lawyer Rating
(if applicable)
evaluator
ID
date
Rating
Litigant
25990
1/1/18
1
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. Denis R. Hurley
Litigant
comment #:
25990
rating:
0
I am a Defendant in a Regulatory case for a 'simple registration violation' that has lasted 8 years. Never in the history of any courts has any singular registration case been submitted to Federal Court, never mind last 8 years. In a related criminal case, Judge Hurley is once again under investigation for 'non-merits' related decisions by the Second Circuit and Federal Circuit. The previous Second Circuit complaints were not handled properly in violation of the Judicial Complaint and Disability Act. Hurley has been caught on the record perjuring himself and also having unlawful ex parte communications with the Government.
1/1/18, 3:15 AM
Criminal Defense Lawyer
comment #:
12407
rating:
10
Denis Hurley is a great judge. He's smart, knowledgeable and fair. He's also polite to attorneys and to defendants. Ignore # 9771's comment that Judge Hurley was 'wild and out of control' for supposedly considering a 30-year sentence for a crime that called for only 9 years. Judge Hurley actually sentenced the defendant to 10 years.
1/1/11, 10:02 PM
Criminal Defense Lawyer
comment #:
9813
rating:
0
the Comments of # 9771 are entirely understandable but the fault is not rightly placed on Judge Hurley. I am intimately acquainted with the referenced case and its outcome (the defendant awaits sentencing). The Supreme Court and the Second Circuit have long permitted both uncharged and acquitted conduct to be used to calculate sentencing guidelines. The theory is that the defendant is sentenced for the conduct of conviction but that a court may also consider in determining the guidelines 'relevant conduct' -- i.e. conduct that was part of the same course of conduct as was the conduct of conviction -- proven by a preponderance of the evidence. A jury's acquittal means only that the charge was not proven beyond a reasonable doubt and so such conduct might still be proven by a preponderance of the evidence. Just like the defense may ask the court to lower the sentence based on a defendant's good deeds, the prosecution may ask that sentences be increased based on bad deeds. The problems occur because the 'good conduct' is not used to actually lower the guidelines (other than in the case of a departure) but the bad 'relevant conduct' often -- as is the case here -- dominates the guidelines calculation. It is a classic case of the tail wagging the dog. The other problem is that relatively mundane federal charges carry exorbitant potential sentences of 20 years or more, so a defendant convicted of, say securities fraud and a related conspiracy could be facing 25 + 25 years. His guidelines for the securities fraud might be less than 10 years but the acquitted conduct (say, a murder) has a guideline of life. And so in a very real sense the defendant is in fact being sentenced for the murder even though the courts deny it. In any event, even when acquitted or uncharged conduct is used to calculate the sentencing guidelines the court need not impose sentence in accordance with the guidelines but can rather impose a non-guidelines sentence that discounts the influence of the acquitted or uncharged conduct. Of course, on appeal the starting point for considering the reasonableness of the sentence would be the guidelines -- determined by reference to the acquitted/uncharged conduct -- and so the judge is making factual findings by a preponderance of the evidence that influence the maximum sentence the appellate court will find reasonable -- a violation of Apprendi et al. that has been recognized by Justices Scalia and Thomas.
1/2/10, 12:53 AM
Civil Litigation - Private
comment #:
5817
rating:
0
I represent a plaintiff in a civil action which has been pending for almost 4 years. Judge Hurley has issued several summary judgment decisions. However, due to the fact that he has consistently waived any pre-motion conferences, and because I have never appeared before him in any other matter, I wouldn't know Judge Hurley if we shared box seats on top of the Met dugout at Shea Stadium. Something is definitely wrong with this fact.
1/2/08, 8:56 PM
Criminal Defense Lawyer
comment #:
5025
rating:
9.5
I am participating in an ongoing criminal case before Judge Hurley with substantial pretrial motion practice and have won some and lost some. He has been straight down the middle on everything. He has shown infinite patience and demonstrated thoughtfulness and scholarship in his opinions. He has been a pleasure before whom to appear.
1/1/07, 6:29 PM
Criminal Defense Lawyer
comment #:
4157
rating:
7.6
Polite, patient and collegial. He is somewhat pro government and conservative. Not inclined to use Booker to its full advantage. Hurley is easy to work with and has a good chambers. It is a lawyer friendly place.
1/1/07, 5:18 PM
Civil Litigation - Govt.
comment #:
4075
rating:
9.8
1/1/07, 9:55 PM
Criminal Defense Lawyer
comment #:
3953
rating:
9.2
Except that the rating system seems to 'approve' of giving high marks for being unreasonably pro-government, Judge Hurley is clearly a great legal analyst and, once a defendant proves himself or herself, can be very fair.
1/2/07, 12:59 AM
Civil Litigation - Private
comment #:
2738
rating:
9
Judge Hurley has a fine legal mind and is demanding of legal scholarship from the attorneys in front of him. Occassionally will take too long (in excess of six months)in rendering a decision on pending motions.
1/2/06, 2:35 AM
Criminal Defense Lawyer
comment #:
1198
rating:
5.7
fair and on time
1/2/06, 10:25 AM
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