Hon. Thomas J. McAvoy See Rating Details
District Judge See Comments
N.D.N.Y.  
Average Rating:6.8 - 12 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


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What others have said about Hon. Thomas J. McAvoy


Comments


Civil Litigation - Private

Comment #: 32620
Rating:1.0
Comments:
He is the poster child for term limits. Ruled on a summary judgment motion one year after it was made without oral argument, got the facts and the law wrong, and parts of the decision are incoherent. Issued a four page ruling on a motion for reconsideration one year later that made it worse. A nuclear disaster. There needs to be a Constitutional amendment to get rid of these judges.

Litigant

Comment #: 32538
Rating:Not Rated
Comments:
Presently Judge McAoy and Judge Hurd are presently in the United State Supreme Court, docket 18-8817, Michael Clark vs. United States District Court for the Northern District of New York. Judge McAvoy violated the rules and discovery related to two court orders that do not exist which all decisions they made are based on. He should be removed and disbarred immediately.

Litigant

Comment #: 31506
Rating:Not Rated
Comments:
McAvoy is another highly biased and unfair judge. I had a case before him, a civil rights violation stemming from my "stay" at clinton county jail. Like his side-kick Magistrate David E. Peebles, no matter what was put before him, it was denied. The facts were either misconstrued or otherwise ignored. I just can't wait to see what he says when the case returns before him with the Circuit Court's stamp that said issues ought to be addressed!

Civil Litigation - Private

Comment #: 28750
Rating:8.6
Comments:
I know he does not like the civil rights cases I bring before him, but he still tries to be fair and that is all I can really ask for. Great personality-a real character. This is the kind of person you would like to have a beer with and would not mind having as a judge if you are prepared.

Civil Litigation - Private

Comment #: 23704
Rating:7.0
Comments:
Have already proven to the United States Supreme Court that he violated my civil rights intentionally and deliberately and the issue will be in front of that court concerning his conduct shortly

Other

Comment #: 20969
Rating:Not Rated
Comments:
A good and fair judge, without an ounce of prejudice. He respects a person taking responsibility for their own actions.

Civil Litigation - Govt.

Comment #: 11394
Rating:6.7
Comments:
Good no-nonses judge. Watch the deadlines and think twice about asking for extesntions. Follow the deadlines established by the local rule.

Other

Comment #: 7043
Rating:1.0
Comments:
Judge McAvoy is part of the ol' boy network and is very biased against litigants in civil rights and employment cases. He sits on cases he clearly has an interest in such as county cases where he was a member of the county legislature and still receives county insurance from, or has ties to county heads and officials.) He routinely issues long-winded decisions of dubious merit and is far too rigid in his beliefs (downright nasty and confrontational). He has been on the bench way too long - he should get off it and back in the game.

Other

Comment #: 6553
Rating:1.0
Comments:
Google the unlawful court case and see for yourself the unconstitutional violation of the First Amendment by Judge McAvoy. He is directly violating the First Amendment by trying to silence this courageous man Robert L. Schulz. Judge McAvoy's decision in this case is appalling. (ROBERT L. SCHULZ; WE THE PEOPLE FOUNDATION FOR CONSTITUTIONAL EDUCATION, INC.; and WE THE PEOPLE CONGRESS, INC.)

Other

Comment #: 6053
Rating:10.0
Comments:
Judge McAvoy is a fair and understanding judge that saw my potential even though I had some major issues. He was fair in his sentence and now I am a very successful member of society.

Civil Litigation - Private

Comment #: 4172
Rating:7.9
Comments:
Judge McAvoy is a weird guy. While it is clear he takes great pride in Republicanizing litigants in civil rights and employment cases (he was appointed by Reagan), he sometimes has a heart and will bend over backwards to help a litigant if he is interested in their issues. If he likes you, he will treat you well; if not, he routinely issues longwinded decisions criticizing/blasting lawyers for one faux paus or another. Will ALWAYS reduce attorneys' fees to a prevailing party, even when the other side does not object. Is far too rigid (and downright nasty) regarding scheduling, probably because he has been on the bench for so long he has forgotten what it is like to be a human being.
I suppose the moral of the story is don't get on his bad side or miss a deadline, because if you do, you better duck. The book is comin' at you.

Is a great judge in criminal cases, and rountinely gives downward departures. Seems to despise the U.S. Attorneys Office as much as he does plaintiffs in civil cases, especially after Bush Light and Ashcroft took office.

Nice guy when off the bench.

Criminal Defense Lawyer

Comment #: 1426
Rating:9.7
Comments:
Nice judge. Moves cases along.