Just a quick note to call your attention to the fact that Judge Colleen McMahon of the U.S. District Court for the Southern District of New York will not stand for being jerked around.

One can deduce this from her September 21 order (see below) in Freeman v. Deebs-Elkenaney, a copyright case pending before her. Well, I guess it wouldn’t be a “deduction” because she expressly said it: “I will not stand for being jerked around—and I am indeed being jerked around—in this manner by any lawyer who practices before me.” So her feelings on the topic of being jerked around seem entirely clear, actually.

Note: I would not interpret the phrase “in this manner” to suggest that Judge McMahon might stand for being jerked around if the jerkage took some other form. In context, it seems clear that she was simply referring to her strongly held opinion that she was indeed being jerked around in this particular case; that is, that what the lawyer had been doing there constituted jerking her around. Interpreting that phrase as allowing any room at all for the future jerking around of Judge McMahon is not advised.

Also, having practiced law for some time now, including appearances in federal court, it is my opinion that few if any judges will stand for being jerked around. I have never attempted it, at least not deliberately, but I feel fairly confident about this. My guess is that Judge McMahon takes the view that lawyers should already know this, and that this accounts for her especially strong feelings about being jerked around here.

I should say that while I did look into this situation briefly, mainly to see whether the lawyer had nonetheless continued to jerk her around (I saw no evidence he had), I express no opinion on whether the lawyer’s conduct did in fact constitute the jerking around of a federal judge. I hasten to add that I am not disputing Judge McMahon’s opinion that it did, only that I have no personal knowledge of what took place.

Thank you for your attention to this matter.