The Robing Room

Hon. David O. Carter	See Rating Details
District Judge	See Comments
C.D.Cal.
Average Rating:5.0 - 30 rating(s)	Please send me alerts on this judge E-mail Address:

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*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. David O. Carter

Comments

Civil Litigation - Private

Comment #: 34675
Rating:7.2

Comments:
~Judge Carter has some odd ways of handling matters. For example, he threatened to deny my motion for summary judgment because I was allegedly speaking too fast. He once made a partner drive from Orange County to San Diego to get a document (while the judge waited). At times, he is almost like a shock jock. If you ignore those idiosyncrasies, then he is a decent judge. I wouldn't want him again, but I wouldn't cringe if he were assigned. For there are far worse judges in the Central District.

Civil Litigation - Private

Comment #: 33787
Rating:3.5

Comments:
Enjoys and employs bullying to disguise intellectual deficiencies, has little interest in or ability to address complicated civil matters. Delights in pointless 24 hour deadline scheduling, wastes time of parties and counsel. Contrary to some observations below, was often unprepared for motion argument. His industriousness is actually a problem - when someone frequently gets it wrong, one should hope that they do it less. . .

Civil Litigation - Private

Comment #: 33573
Rating:Not Rated
Comments:
Can't say how Judge Carter is on the federal bench but I appeared in front of him when he was in State Court in Orange County Westcourt. Was doing a motion for a new trial in a criminal case. He denied the motion but was generous with my client giving him summary probation.

Civil Litigation - Private

Comment #: 33558
Rating:1.0

Comments:
Obnoxious when it comes to Rule 26 scheduling conferences, and making new orders and changes at the last minute and demanding the parties, counsel and representatives with authority to settle show up on the lawn outside the courthouse, knowing it is an extreme hardship to make this request with less than 24 hours notice. This is not justice, it is judicial savagery at its worst. And what is is worse, is that the Presiding Judge in the Court does nothing about it. 0 stars.

Civil Litigation - Private

Comment #: 33048
Rating:6.5

Comments:
He needs to retire. Way past his prime. Now just an egomaniac jerk-on-the-bench who seems to dislike lawyers, and appears to take perverse pride in making things way harder than they need to be (at least he seems unbiased in his dislike). Got removed from a major case because of his biased and limelight-seeking conduct and remarks.

Litigant

Comment #: 32941
Rating:2.0

Comments:
Judge Carter is unethical, eccentric and vicious. If you believe Judge Carter is compassionate he isn't; he is self-serving and could care less about the poor as he is commonly referred to. I watched him rip apart attorneys and it was embarrassing. When it came to my case he completely applied the wrong law, misread it and completely smiled while he destroyed me.

Civil Litigation - Private

Comment #: 29116
Rating:6.5

Comments:
Judge Carter is a bit wacky, but VERY hardworking and industrious. The reviews below regarding "bullying" counsel into settling cases are spot on: he will often make off the cuff veiled threats towards counsel during hearings, and order counsel to try to resolve cases (even when they are not worth settling).

He also requires counsel to be VERY well prepared at hearings. If you are even a minute late for your hearing, be prepared to suffer his wrath. While I did not witness this firsthand, a colleague advised me that when counsel from a fairly big firm showed up late to a pre-trial hearing due to bad traffic, he ordered the counsel to book a hotel room in Orange County to ensure he was never late to the ensuing trial. I also personally witnessed him reaming a high ranking AUSA who showed up late to a criminal sentencing hearing, which is quite rare to see.

His hearings won't be so much be an argument of the legal merits of your motion (he has certainly read them), but more of an inquisition into whatever facts he wants to know in order to determine how to utilize his own philosophy in reaching his decision. Sometimes his questions seem entirely irrelevant to the issue at hand, but make sure you know the case forwards and backwards. On multiple occasions, I witnessed him stop proceedings during the morning calendar when an attorney didn't know the answer to one of his (seemingly irrelevant) questions, and continue the matter to the afternoon calendar...thus forcing counsel to spend their entire day in his courtroom. On one of these occasions, multiple attorneys were from out of town and were forced to reschedule cross-country flights to comply with this unexpected development.

His judicial philosophy is VERY favorable to the "little guy" in the case, so be forewarned if you represent a corporation or government entity. At a scheduling conference hearing prior to mine, he made disparaging remarks about my client (saying something like "at least your client isn't X corporation"), which came across as highly unprofessional to me. In another hearing involving a dispute between two corporations, he asked counsel which of the corporations had higher earnings the prior year to determine who would bear the costs of a private mediation. Needless to say, he will bend over backwards for pro per litigants and will not sanction a "smaller" litigant, no matter how frivolous their filings are.

While I am not a fan of his temperament, his opinions and orders seem to be well researched and on point. He definitely takes his lifetime appointment as a license to do whatever he wants, but at least he seems to have some authority to support his positions. So, I suppose you could do a lot worse.

Civil Litigation - Private

Comment #: 24766
Rating:Not Rated
Comments:
I am a trial lawyer who had the pleasure to witness Judge Carter preside over a bench trial in a civil matter. I was impressed by his quick grasp of issues in a highly specialized area. He is engaged. He asked the right questions. I also liked that he broadcast his thinking. What he found relevant. What questions he wanted answered. He is also clearly very hard working. We are still awaiting his ruling in this trial. But so far, I'm left thinking he may just be the best judge I've ever seen.

Civil Litigation - Private

Comment #: 24592
Rating:Not Rated
Comments:
Your typical ego-maniac who shouts down anybody who disagrees with him. Nothing about this judge is good. He treats everybody like they are kindergarteners. If you have him, good luck. He seems bipolar. Some days, he's kind and nice. Others, he's intolerable beyond belief.

Other

Comment #: 24467
Rating:Not Rated
Comments:
Was condescending to Probation Officer, seemed to side with defendants. Watched his courtroom two times. Think he needs to retire. Sweet as honey to defendants and defendants families... Saw a man crying because he knew he was going to serve time... Judge called it remorse and gave him less time... That's not remorse... that's someone going to serve time... Went light on gun violation... Don't complain about guns if you won't enforce existing laws... Pretty much found excuses to lighten everyones load. Supervised release person got to extend date twice and continued fraud while being released and then served no time at all, and got more supervised release. Apparently this judge has forgotten there are actual citizens who are affected by those he releases... He seems to side with wolves over the sheople. This society needs to swing back the other way.

Civil Litigation - Govt.

Comment #: 23358
Rating:5.3

Comments:
Pushes cases to settle and bullies counsel. Condones unjust results for those who fail to heed his Settle-or-you-may-regret-it-later admonitions. Ruthless at preserving his tough-guy reputation, even at the expense of justice.

Other

Comment #: 22093
Rating:10.0

Comments:
I had the honor of sitting on the jury in his courtroom. Truly an amazing experience!

Litigant

Comment #: 21920
Rating:Not Rated
Comments:
In 2009 I attempted to have Judge Selna disqualified. The motion was handed to David "oh" Carter. In my motion I pointed out numerous "errors" in Judge Selna's dismissal order of my case in 2005 including the fact that Judge Selna claimed I could not allege discriminatory intent based on a stray comment. I made no allegation of a stray comment and Carter had the gall to call it a piece of judicial excellence. That case ended up in criminal conduct in the 9th Circuit. For evidence contact me at barrykohl1@aol.com and put 9th Circuit in subject line.

Civil Litigation - Private

Comment #: 21822
Rating:2.0

Comments:
Clinton made a mistake.

Court Staff

Comment #: 21672
Rating:2.0

Comments:
Needs to go over all his cases trying to look good in incarcerating people because of rico, vicar charges doesn't even know what they are ban him. He should be banned by all assets of being a judge. Maybe he should serve some time in the federal system so he can know what it is to serve long terms. He is hideous. Worst man to being human being falling asleep thru trial. we demand someone to indict him instead of placing drug offenders in parole or holding them on small terms and giving them jobs he goes and gives them life terms for what serious idiot.

Civil Litigation - Private

Comment #: 21617
Rating:2.3

Comments:
He is tied for the worst judge in the Central District with Judge Manuel Real. While he shows up early and stays late, most of the work is done by his law clerks. When he tries cases, he has a law clerk up on the bench next to him, and will often reverse his own rulings after the clerk whispers in his ear. He will often refuse to make critical rulings and then order the parties to resolve the matters informally, and punish them if they fail to do so by requiring them to stay late. I've seen him use this method to coerce criminal defense counsel to waive their client's constitutional right to a speedy trial. He has a number of high ratings here from non-lawyers who were part of the Birther movement, who were elated after he stated, at a preliminary hearing, that he wanted to get to the merits of the case quickly. A short time later, in a ruling probably written by a clerk, he dismissed the action without reaching the merits, on jurisdictional grounds. Many of the Birthers then claimed that someone "got to" Judge Carter. Not so. He often says things at early conferences that he doesn't mean, and this was just one more example of that. Here's another: "I know that your time is valuable, and I don't want to waste it." He typically says that, or something like it, before ordering you to stay in the courthouse for hours as punishment for something he didn't like. If you're counsel, expect him to make rulings and reverse them later, and to forget who said or did what. In one case, I saw him chastise a witness for showing up a day late, even though the lawyers admitted the day before that it was their fault for not telling the witness the correct date to arrive. In another case, he allowed the defense to change their theory in the middle of the trial, and then refused to allow the plaintiff to present any rebuttal evidence. All you have to do to get a real flavor for this judge is to go watch him handle a status conference calendar.

Litigant

Comment #: 21362
Rating:5.0

Comments:
He was completely wrong in my civil case back in 2009. He was arrogant and dismissive, calling my claims "bizarre" and "ludicrous." The defendant has since admitted to the facts in New York state, and its Chapter 11 plan was confirmed two weeks ago. Bizarre, indeed. What I find bizarre is that homeowners and other litigants are accepting these clearly wrong rulings without a fight. If Judge Carter is a true patriot and on the side of the people, he will re-think his position and stop helping the banks with their fleecing of America, if not the world. Instead of your knee-jerk habit of referring to citizens in derogatory terms, consider that banks and financial institutions may be committing fraud upon the court. Thank you.

Other

Comment #: 19567
Rating:10.0

Comments:
JUDGE CARTER IS A PERSON THAT I HAVE THE UTMOST RESPECT FOR. WE ARE VERY LUCKY TO HAVE A JUDGE WHO RESPECTS AND VALUES THE US CONSTITUTION FOR WHAT IT STANDS FOR. JUDGE CARTER CHANGED MY LIFE BACK WHEN HE WAS IN SUPERIOR COURT DEPARTMENT 5. HE NEVER GAVE UP ON ANY OF US WHO WERE THERE FOR PROBATION REASON HE ENCOURAGED US TO DO BELIEVE IN OURSELVES.HE WILL ALWAYS FOLLOW THE LAW AND CANNOT BE BOUGHT HE WILL TELL YOU WHAT HE THINKS IF YOU LIKE IT OR NOT AND THAT IS WHAT MAKES HIM ABOVE THE REST HE IS NO BS

Civil Litigation - Private

Comment #: 19148
Rating:4.0

Comments:
Judge Carter is ostile toward cases involving parent sueing schoool districts. I recently had an appeal of a special education due process case before him. His demeanor and treatment of my client and myself were COMPLETELY different from when I was previously before him with a Title VII case against DHS. In the special educaiton matter he was dismissive, and incredibly hostile in all his written opinions on motions (though smiling and friendly in person). He did not understand the applicable law. He incorrectly believed my client filed her case without legal basis because he misunderstood the elements of her cause of action. His order granting MSJ was full of contempt, name calling and rank animosity at a parent who had the gall to sue a school district. He invited defendant to make a motion for fees in his order granting District's MSJ. He has now granted a motion for atty fees against the parent of the disabled child for, and granted District's hourly rate and no. of hours 100%. Totally biased in favor of school districts. Avoid at all costs. Settle, stipulate to a mag. judge, anything is better than the result you will get with this man. Two weeks ago, he made a similar ruling, ordering fees against a special education parent. We are appealing, and plan on making a motion to disqualify should we ever be so unlucky as to get him again.

Civil Litigation - Private

Comment #: 13810
Rating:8.2

Comments:
I was very impressed with Judge Carter in a title VII case in late 2011. He truly does work very late, and expects counsel before him to do it also. He uses this as a punishment tool though. If your jury instructions to him are not in fine order, expect to be kept late "after class" as a way to make sure you never do that again... After our trial ended at 5 pm for the day, he had said to come back at 9 pm to go over the jury instructions. Then he looked at them, and finding them in good order, said, oh never mind, you guys go on home, these look great...!
He tends to take motions off calendar and rule without argument. He tends to reschedule your hearings multiple times, re-scheduling them at odd times. However, he is thorough and careful in his opinions, and I felt correct in nearly all his rulings, applying the law unfailingly. He did not seem to give any favor to the federal govt defendant. He seemed to treat male and female attys before him equally. I didn't find him to be rude or to have a huge ego. I overheard many criminal proceedings in his court and was impressed with his compassion and attention to detail on those cases. Frankly, he raised my opinion of judges. I really have nothing negative to say about him. I had my stuff together on my trial before him and he treated me well.

Civil Litigation - Private

Comment #: 13263
Rating:4.5

Comments:
Judge Carter's temperament and oversized ego interfere with his duties as a judge. This is unfortunate because he does appear to be intelligent and hard-working.

Civil Litigation - Private

Comment #: 12057
Rating:9.2

Comments:
Very impressive person and judge. Known to work until 1:00 am in the morning and arrive at 6:30. He has been known to hold trial on weekends. This judge is an encouragement. Look also at his history from when he was in Viet Nam to Superior Court Judge. There is a reason this man was appointed to the US District Court. I agree with everyone, you better have it together when you are in front of him. If you do you are in the best situation. If you don't look out. Lazyness and lack of dilgence will not be tolarated.

Civil Litigation - Private

Comment #: 9568
Rating:4.0

Comments:
A bully. Dispectful of attorneys. Likes being a judge way too much. His rulings are generally correct, but he gets there in strange ways. Makes attorneys wait around as a weapon to get agreement. An uncomfortable court to be in.

Other

Comment #: 9291
Rating:Not Rated
Comments:
Dear Judge Carter,
You are to be commended in Barnett v Obama for your ruling on Oct. 5, 2009. You and Taitz will go down in history as being the patriots you are; giving our military the answer they, as well as our country, needs. Why would a man spend millions to seal his records instead of just producing it? There are plenty of awful things hidden in those records. Please open them up for this country once and for all, so we can heal this Country! He has to go if he is not legal. Period. The sooner the answer the better...before he shoves this healthcare bill down our throats, and comes up with another fake BC that stalls this case, please? Please consider prioritizing this case to top level for our country. Thank you, dear HERO AND PATRIOT!

Civil Litigation - Private

Comment #: 8551
Rating:3.0

Comments:
In criminal matters he is generally knowledgable of the law and is comfortable adjudicating different cases. In civil litigation, he often attempts to apply criminal law concepts and methods. His appoach to civil cases is more appropriate to his previous time spent as a prosecutor in Orange County.

The several comments about his scheduling are completely true.

Civil Litigation - Private

Comment #: 8525
Rating:2.7

Comments:
Not too bright regarding everything outside criminal law!

Civil Litigation - Govt.

Comment #: 6269
Rating:8.0

Comments:
Thoughtful, intelligent, and hardworking. Tries to reach the right legal result. The comments about him being willing to make lawyers wait and/or come in late for arguments/conferences are true, however.

Other

Comment #: 4556
Rating:8.0

Comments:
Judge Carter gets high marks for industriousness and giving his attention to your case. He typically writes thorough opinions in ruling on motions, and he pays close attention in court.

When he's not mad, he's generally very likable.

When he's upset, however, he likes to use scheduling as a weapon. He will bring you in extra early or extra late, or he will make you sit in his courtroom waiting, if he finds reason to be displeased with you. He also will make you sit and sweat it out when you need to know about a court date, even at a significant inconvenience to both lawyers and witnesses.
And while he is very industrious, he also likes to make the lawyers work extra hard.

Prosecutor

Comment #: 4405
Rating:9.3

Comments:
You will not find a harder working judge. If you can keep up with his brutal schedule, he is a true pleasure to have as your trial judge.

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Ratings

What others have said about Hon. David O. Carter

Comments

Civil Litigation - Private

Civil Litigation - Private

Civil Litigation - Private

Civil Litigation - Private

Civil Litigation - Private

Litigant

Civil Litigation - Private

Civil Litigation - Private

Civil Litigation - Private

Other

Civil Litigation - Govt.

Other

Litigant

Civil Litigation - Private

Court Staff

Civil Litigation - Private

Litigant

Other

Civil Litigation - Private

Civil Litigation - Private

Civil Litigation - Private

Civil Litigation - Private

Civil Litigation - Private

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Civil Litigation - Private

Civil Litigation - Private

Civil Litigation - Govt.

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Prosecutor