Hon. David N. Hurd See Rating Details
District Judge See Comments
N.D.N.Y.  
Average Rating:4.3 - 22 rating(s)
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Ratings

*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=Chronic`y 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=Most Lenient,10=Most Harsh)
Typical Discount Off Guidelines for Cooperators:    (1=10%,10=100%)
  Items marked with (*) are averaged into the displayed overall rating
Comments



What others have said about Hon. David N. Hurd


Comments


Civil Litigation - Private

Comment #: 22258
Rating:2.9
Comments:
Worst possible judge. Horrible temperament, no knowledge of the law.

Other

Comment #: 22255
Rating:1.0
Comments:
Writing in regards to Judge David Hurd's disregard to our 4th amendment.
Case in point..after a search warrant was once used, finding evidence of guilt on his computer, this individual was sentenced, serving more than half of said sentence, his property, camera was searched for the first time when a family member ONLY asked for a computer modem to be returned, not the computer or camera. NY State had in their possession this camera for over 6 months and failed to check it during that time.
This property was legally the defendents, after serving more than half of his 4 month sentence. That original Search Warrant, at this point in time was Void. In fact one of the NY State Investigators mentioned "They screwed up" by not getting another S-W.
The camera was found with pictures which warranted Federal charges. Judge Hurd reviewed this case, competely ignoring the Illegal Search an Seizures 4th amemdment under our Constitution!
After all said an done NY State along with the Feds sentenced him to 36 yrs running consecutively.
I feel under the circumstances, along with the defendants past clean record, the least Judge Hurd could have done is run it con-currently
Bottom line...His Constitutional rights were violated!

Criminal Defense Lawyer

Comment #: 13369
Rating:1.0
Comments:
In a unanimous, scathing decision, the 2nd Circuit US Court of Appeals once again overturned Judge David Hurd (Federal Court - Utica).
They cited Hurd's refusal to abide by prior 2nd Cir. precedent and stripped Hurd from hearing the case from here on, citing his obvious bias.

This judge makes up law and issues decisions that depart from precedent knowing that most litigants will not and cannot afford to appeal.

Prosecutor

Comment #: 13335
Rating:3.0
Comments:
ANother dousy of a Drug suppression case which the 2nd circuit vacates summarily. Judge Hurd throws out a valid search warrant issued by a city court and says that it wasn't valid search so he vacates the verdict. The case is USA vs STEPPELLO, 10-4527-cr. The 2nd district said it: Here, as in Gagnon, the district court employed an incorrect legal standard in evaluating the information provided by the informant. Seems like a phone call saying he'd be there in 20 minutes to deliver the cocaine wasnt enough reason to search him for cocaine. And then the search of his apartment wasnt lawful because the coke found on him was leagally found so it never existed. This Judge lacks basic understanding of Suppresion, Searches, and warrants. Lets hope he goes no further than Disctrict court.

Litigant

Comment #: 13305
Rating:9.0
Comments:
One of the best Judges in the NDNY, very fair, hardworking & honest to a fault.

Civil Litigation - Govt.

Comment #: 12109
Rating:3.2
Comments:
This judge is a disgrace to the robe. He is completely plaintiff-oriented and his bias is unprecedented. Worse, he will unabashedly ignore the law to achieve the result he wants. He sways jury trials by cross-examining defendants' witnesses and showing open disdain for civil defense counsel - I should actually say his contempt for defense counsel. His reversal record speaks for itself. This man exemplifies why some believe that being appointed "judge for life" should be abolished (not a point I agree with, even with my experience with Hurd).

Civil Litigation - Govt.

Comment #: 11399
Rating:3.3
Comments:
Plaintiff-oriented judge who often is overturned on appeal. Can be charming at times, and incredibly nasty at others.

Civil Litigation - Private

Comment #: 9831
Rating:1.0
Comments:
This judge recently dismissed another case and couldn't do it on the the theory on which the motions were brought. So the judge dismissed for some pleading standard he couldn't even site a case to support.

Hopefully this most recent Hurd decision will go the same way as his other recent decisions -- bye bye -- reversed by the second circuit.

The best thing that could happen to NDNY and justice in general is for this "judge" to hang up his robes.

Prosecutor

Comment #: 9694
Rating:3.7
Comments:
Another whopper of a case reversed by the 2nd circuit. Judge Hurd dismmised indictments in two SORNA cases - 08-5561 and 08-6004 USA vs Guzman and USA vs Hall. Seems like Judge Hurd couldn't dismiss the indictment on unconstitutional Commerce Clause since thats now settled law, so he dismissed based on 42 USC 16913 being unconstitutional because it lacks a jurisdictional element restricting its application to individuals who travel in interstae commerce. A meritless argument and easily overturned by 2nd circuit appeals court. Hurd will now have to dig even deeper to dismiss these indictments. Seems like Hurd is taking a personal interest in SORNA and trying every which way to dismantle it.

Prosecutor

Comment #: 9218
Rating:3.8
Comments:
This judge has no judical prudence and common sense. Another 2nd circuit reversal on one of the easiest and straight forward cases of qualified immunity. Docket No. 08-0241-cv(L),08-0567-cv(con)MARTIN DROZ,- v. - P.J. MCCADDEN, State Trooper. Judge Hurd made a mountain out of a molehill in this one. 2nd circuit reversed in a short paragraph. Hurd needs a vacation.

Civil Litigation - Private

Comment #: 8809
Rating:8.0
Comments:
Best in the district next to McAvoy - who is now senior. Sometimes demonstrates an impatience by talking over attorneys. Strives to be fair most times. Great staff - very accomodating.

Civil Litigation - Private

Comment #: 8466
Rating:Not Rated
Comments:
Lacks judicial temperment. Biased and lacks impartiality. Belittling to litigants.

Civil Litigation - Private

Comment #: 7907
Rating:2.2
Comments:
Biased and decidedly unfair in civil litigation. Takes sides and rules accordingly. Whether plaintiff or defendant, creates appellate issues galore. Check 2nd Circuit reversals. The law often takes a vacation in this courtroom.

Civil Litigation - Private

Comment #: 6557
Rating:3.0
Comments:
This judge is lazy and biased. He decides motions before reading them and readily issues sanctions without giving all parties a fair hearing. He embodies some of the worst qualities in a judge. He is egocentric, arrogant, venal and seeks to avoid exertion. I have no idea how he was appointed to the Federal Bench after his failed attempt at the State Supreme Court, which I understand was his fault.

Criminal Defense Lawyer

Comment #: 6057
Rating:9.4
Comments:
A really even-handed judge. Much fairer than the other NDNY judges regarding plaintiffs and defendants in criminal matters. A thoughtful, intelligent judge. Great staff too. Especially his CRD.

Criminal Defense Lawyer

Comment #: 5814
Rating:Not Rated
Comments:
I can't imagine that the last comment about Judge Hurd was written by a criminal defense attorney complaining about unjustified departures. Sounds like a disgruntled prosecutor afraid to put their title where his or her mouth is.

Criminal Defense Lawyer

Comment #: 5785
Rating:3.3
Comments:
A lazy judge who doesn't care to justify downward departures during sentencing. 2nd Circuit remanded for resentencing (Dominquez 05-7005) 93% downward departure in favor of defendant without providing any justification on the record.

Civil Litigation - Private

Comment #: 4606
Rating:9.0
Comments:
If you are a plaintiff in the Northern District, he is far and above the best draw you can get. Judge Hurd treats Plaintiffs very fairly, and takes a real interest in making sure legitimate justice is done, as compared to "Republican" justice. Respects hard work. Has a limited tolerance for BS.

Civil Litigation - Private

Comment #: 3813
Rating:2.2
Comments:
This judge tends to develop predispositions if there is some affinity to one party or the other, and is therefore biased and intellectually dishonest. His competence is also marginal, giving the impression of being a local hack.

Criminal Defense Lawyer

Comment #: 1423
Rating:9.2
Comments:
Very patient and pleasant to deal with.