Courts

Federal Judge Rescinds Resignation For Stupidest Possible Reason

Or maybe he's going to make the next federal judge uproot his whole life to suit the whims of an elderly man.

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stupid confused shrug man with beard idiot moron dunce hipsterJudge David Hurd is 85 years old and recently agreed to take senior status. But he’s since withdrawn his resignation after learning that his planned replacement on the bench of the Northern District of New York would be based in Albany as opposed to Utica… a town of around 60,000 people.

In a letter to President Biden dated July 14, Judge Hurd reversed his previous decision to leave the job he’s held since the last millennium. Because life tenure can give judges a ridiculous sense of entitlement.

“Please be advised that I immediately rescind my decision to take senior status as a United States District Judge for the Northern District of New York,” Hurd told Biden, adding that his successor has not been confirmed. “I will take senior status if a confirmed successor lives in this area and is permanently assigned to the United States Courthouse in Utica, New York. Otherwise, I shall remain on full-time active status until I retire or die.”

Of note, Judge Hurd was selected for his current post to fill a seat… IN ALBANY. But once on the bench he just pulled the rug out from the federal judiciary and opted to stay in Utica. Now he’s threatened to hold up the works to make a petty play for the local legal cartel. This leaves his intended successor, Jorge Rodriguez, out in the cold because diversity on the bench must take a backseat to someone who knows where to order the best Chicken Riggies.

While Rodriguez isn’t on the bench yet, he’s going to be a federal judge and deserves the respect that entails. The idea that Judge Hurd can deny this man his position unless he agrees to uproot his life in Albany to move 90 some odd miles down the road is wildly inappropriate.

I don’t know if Rodriguez has a family — and it doesn’t really change how disrespectful this is one way or the other — but can you imagine having to pull kids out of school and away from their friends because an overly entitled octogenarian decided he’s more important? Because Hurd is saying that he’d be willing to force a nominee to do that.

Look, I understand the towns are far enough away from each other to have different opinions on Steamed Hams…

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Utica

… but beyond that, it’s entirely reasonable to move federal litigation to Albany since that’s where Judge Hurd was supposed to be all along.

The Times-Union has since updated the story with comment from Senator Gillibrand’s office explaining that Rodriguez has already “committed” to serving in Utica. Which is lovely for them and hopefully will sway Judge Hurd. Though Hurd is also the moron who struck down New York’s vaccine mandate for health workers so listening to reason isn’t necessarily his strong suit these days.

It would be lovely if Utica was the significant urban center it was at the turn of the 20th century, but that’s not where it is anymore and no amount of judicial gamesmanship is going to change that. Maybe Rodriguez is really willing to be a good sport about this and move.

But that’s not a decision a retiring judge should get to impose on a prospective colleague.

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Biden pick for New York federal judgeship in limbo [Times Union]
Gillibrand’s office says Biden pick ‘committed’ to holding court in Utica [Times Union]

HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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