top of page
THE ROBING ROOM
where judges are judged
Hon. James Orenstein
Magistrate judge
E.D.N.Y.
2nd Circuit
Average Rating:
4.5
-
64
rating(s)
rating submitted
Please send me alerts on this judge
subscribed
Ratings:
What others have rated
Hon. James Orenstein
evaluator
ID
date
Temp* Sch* Indu* Comp* Punct* Ev-Cv* Ev-Cr* Flex Bail Crim Settle Trial Sent Coop Average
Civil Litigation - Private
32637
1/2/19
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
28724
1/1/18
1
4
1
1
10
1
0
1
0
0
1
0
0
0
3
Criminal Defense Lawyer
28300
1/1/18
1
1
1
1
2
1
1
2
2
1
1
0
0
0
1.1
Civil Litigation - Private
24655
1/1/17
8
10
10
10
10
7
0
10
0
5
10
0
0
0
9.2
Civil Litigation - Private
23176
1/2/15
8
9
9
9
0
0
0
0
0
0
0
0
0
0
8.8
Civil Litigation - Private
23049
1/2/15
3
5
2
3
8
3
0
0
0
0
5
0
0
0
4
Civil Litigation - Private
22911
1/2/15
1
5
5
3
7
2
0
0
0
0
4
0
0
0
3.8
Civil Litigation - Private
22863
1/1/15
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Prosecutor
22167
1/2/14
9
10
10
8
10
0
10
7
6
6
7
0
0
0
9.5
Civil Litigation - Private
21810
1/2/14
1
6
5
0
8
1
0
8
0
0
7
0
0
0
4.2
Civil Litigation - Private
21513
1/2/14
7
9
9
9
9
9
0
8
0
0
9
0
0
0
8.7
Civil Litigation - Private
21248
1/2/13
2
2
2
2
0
3
0
2
0
0
2
0
0
0
2.2
Criminal Defense Lawyer
20683
1/1/13
8
9
8
9
9
9
0
10
0
0
0
0
0
0
8.7
Civil Litigation - Private
20723
1/2/13
1
4
4
2
7
9
0
1
0
0
2
0
0
0
4.5
Civil Litigation - Private
20014
1/1/13
1
1
2
1
7
1
0
1
0
0
2
0
0
0
2.2
Civil Litigation - Private
18600
1/2/12
5
10
10
10
10
8
0
10
0
0
10
0
0
0
8.8
Criminal Defense Lawyer
18697
1/1/12
1
10
10
0
5
1
0
1
0
0
0
0
0
0
5.4
Criminal Defense Lawyer
18353
1/2/12
1
5
5
1
3
1
1
1
0
0
2
0
0
0
2.4
Other
12596
1/2/11
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
12267
1/1/11
1
1
0
1
0
1
1
1
7
6
10
0
0
0
1
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
32637
1/2/19
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
28724
1/1/18
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
28300
1/1/18
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
24655
1/1/17
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
23176
1/2/15
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
23049
1/2/15
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
22911
1/2/15
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
22863
1/1/15
0
0
0
0
0
0
0
0
0
Prosecutor
22167
1/2/14
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
21810
1/2/14
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
21513
1/2/14
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
21248
1/2/13
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
20683
1/1/13
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
20723
1/2/13
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
20014
1/1/13
0
0
0
0
0
0
0
0
0
Civil Litigation - Private
18600
1/2/12
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
18697
1/1/12
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
18353
1/2/12
0
0
0
0
0
0
0
0
0
Other
12596
1/2/11
0
0
0
0
0
0
0
0
0
Criminal Defense Lawyer
12267
1/1/11
0
0
0
0
0
0
0
0
0
category average
-
-
-
-
-
-
-
-
-
Non-lawyer Rating
(if applicable)
evaluator
ID
date
Rating
Other
12129
1/1/11
1
Other
3120
1/2/06
8
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 Orenstein
Civil Litigation - Private
comment #:
32637
rating:
0
Recently had a hearing with him and honestly it was not terrible. He was thoughtful and offered assistance if needed. I prepared my clients for the worst but he really rose to the occasion. He can be gruff and hard to read but on this day he did his job with professionalism and class.
1/2/19, 8:25 PM
Criminal Defense Lawyer
comment #:
28724
rating:
3
He defines LEGAL ABUSE SYNDROME! He clearly favors his own “tribe” and sleazy lawyers. He’s tempermental and has multi personalities- every hearing he’s a different person- you never WHO or WHAT you are getting - NASTY- he is mean to civil rights Plaintiffs. You’ll never get a fair shot with him. If you are the innocent victim plaintiff, he will treat you like a criminal. He’s an evil , swarmy, napoleon complexed, know it all, mercurial , cunning, sneaky ,hateful , pompous, vile , curt bask-turd! He dehumanizes himself every time he talks. Harvey Weinstein has more integrity and class in his toenail clippings than this Shiester! Hillary Clinton is more graceful and less abrasive than James ! I don’t even stand up when he enters courtroom
1/1/18, 9:18 PM
Criminal Defense Lawyer
comment #:
28300
rating:
1.1
Yes, it seems to be settled - he's awful. One of the poorest judicial temperaments I've seen. How did he even get this position? There are so many highly qualified attorneys that can easily fill this position. And to top it off, he's not terribly intelligent. He's not stupid mind you, he's just average in intelligence for attorneys. He seems to very much enjoy bullying the lawyers before him, though he is an equal opportunity bully, bullying both sides equally. His decisions have been for me sometimes and against me sometimes, but often bad on the law. He is one of those judges who encourages discovery motions which are weak on the law and really shouldn't be made, because you know he might grant them based on his personal biases.
1/1/18, 6:06 PM
Civil Litigation - Private
comment #:
24655
rating:
9.2
Magistrate Ohrenstein has matured into his position. He has always been a learned and well informed jurist, but his demeanor (in the past) was highly energized and impatient. He seems to have outgrown that. You will not find a judge in EDNY who cares more about resolving a case than him. He knows the facts and strong arms both sides to arrive at an amicable solution. When he is assigned to my cases, I feel assured that my clients will be treated fairly.
1/1/17, 6:08 PM
Civil Litigation - Private
comment #:
23176
rating:
8.8
Usually I agree w the majority, but I found this Judge smart, and HATED parties' personel attacks on each other. He had a good grasp of issue at hand and didn't mind hammering the White Shoe lawyers, osstensibly because they desserved it. I had an excellent experience.
1/2/15, 2:06 PM
Civil Litigation - Private
comment #:
23049
rating:
4
Has the air of a man who got where he is by knowing all the right people. His manner is uniformly surly. Gets the job done with a minimum of stewing around. I did not find his mind to be open, but he's efficient at being small minded and belligerant. He's being positioned for a role related to digital privacy. A champion of the People he is not.
1/2/15, 1:28 PM
Civil Litigation - Private
comment #:
22911
rating:
3.8
A creep, but the CIA's creep, so they keep him around. Hence the midnight re-appointment. To be avoided if you possibly can. There's this whole Judge Ward connection that's incredibly disturbing.
1/2/15, 12:36 AM
Civil Litigation - Private
comment #:
22863
rating:
0
Very astute judge of high quality. He understands education.
1/1/15, 4:13 PM
Prosecutor
comment #:
22167
rating:
9.5
1/2/14, 10:31 AM
Civil Litigation - Private
comment #:
21810
rating:
4.2
Reappointed seemingly in the dead of night after a special 'merit panel' was appointed to paper over the widespread dissatisfaction with him among EDNY practitioners. Months went by between the end of his first term and the start of his second one yet he remained on the 'bench'.
1/2/14, 9:09 AM
Civil Litigation - Private
comment #:
21513
rating:
8.7
He is smart and well-prepared, and he expects the same from attorneys. He does not gladly suffer fools or attorneys that do not give straight answers. If you are ready, straightforward and pragmatic, you will find him an excellent jurist.
1/2/14, 3:04 AM
Civil Litigation - Private
comment #:
21248
rating:
2.2
1/2/13, 5:07 AM
Criminal Defense Lawyer
comment #:
20683
rating:
8.7
I have had a great deal of interaction with him in the last year over one case and, unlike the other commenters, I have found him to be insightful and conscientious. (I hope that is not just because I have been winning the case.)
1/1/13, 4:12 PM
Civil Litigation - Private
comment #:
20723
rating:
4.5
One of the worst on the bench. This judge is incredibly nasty, unprofessional and short-tempered. The best thing that one can say about him is that he treats everyone so poorly that he is not biased.
1/2/13, 4:24 AM
Civil Litigation - Private
comment #:
20014
rating:
2.2
Yes, it seems to be settled - he's awful. One of the poorest judicial temperaments I've seen. And to top it off, he's not terribly intelligent. He's not stupid mind you, he's just average in intelligence for attorneys. He seems to very much enjoy bullying the lawyers before him, though he is an equal opportunity bully, bullying both sides equally. His decisions have been for me sometimes and against me sometimes, but often bad on the law. He is one of those judges who encourages discovery motions which are weak on the law and really shouldn't be made, because you know he might grant them based on his personal biases.
1/1/13, 2:04 PM
Civil Litigation - Private
comment #:
18600
rating:
8.8
As plaintiff's counsel, I dont see a basis for any of the complaints against this judge in this robing room. What I do see is. . . if you are late on any of his deadlines. . .God help you. He hates it when people give excuses. He really moves cases . . . complex cases at that. . . effortlessly. His knife at cutting through bullshit is the sharpest out there. I've had him on several cases with differing outcomes. With this judge, come prepared, on time, and armed with facts of your case. . . .or expect a judicial spanking.
1/2/12, 4:55 AM
Criminal Defense Lawyer
comment #:
18697
rating:
5.4
Very concerned with being the smartest man in the room. Interjects himself into issues that the parties do not have (just to show us how smart he is and to argue with lawyers) rather than just setting schedules as a judge's helper should. He seems to forget that he's just a magistrate.
1/1/12, 9:13 PM
Criminal Defense Lawyer
comment #:
18353
rating:
2.4
Smartest man in the room complex. Terrible to civil rights plaintiffs attorneys (or any anti-government litigants). Routinely creates his own version of the facts of the case and tells the attorneys what happened. An embarrassment to the Eastern District.
1/2/12, 2:47 AM
Other
comment #:
12596
rating:
0
Other commenters have mentioned it before. He does not suffer fools. I congratulate him on wanting to move cases along and not get them mired in the system. I only wish there were more judges like him.
1/2/11, 12:26 PM
Criminal Defense Lawyer
comment #:
12267
rating:
1
Sadly, our language skills are not sufficiently evolved to describe a judicial officer who is this mean spirited, this clueless, this divisive, this cunning, this arrogant or this useless...maybe can can settle cases because nobody wants to appear before him twice...should be removed!
1/1/11, 8:45 PM
HOME
bottom of page