Second Circuit Judge Denny Chin. Credit: David Handschuh / ALM

A New York lawyer has lost his case days after getting escorted by security out of a federal appeals courtroom for making a "discourteous" comment to a judge during oral arguments.

The three-page summary order from the U.S. Court of Appeals for the Second Circuit made no reference to solo attorney Todd Bank's comments Dec. 11, where he accused Judge Denny Chin of not reading the briefs closely after asking a question about injury, a common legal issue. The hearing ultimately ended with Judge Barrington Parker asking that Bank be removed from the courtroom.

The underlying case involved an attorney's challenge to a local bar rule for the Eastern District of New York that requires applicants to get a sponsoring affidavit from another attorney that outlines what they know about the applicant's character and legal experience.

The panel on Monday, which also includes Judge Robert Sack, upheld the district court's ruling dismissing the case, finding the complaint failed to state a claim. The panel also rejected arguments that the affidavit is unconstitutional.

Audio of the oral arguments captivated appellate lawyers on social media last week as they opined on the hearing, which started with Bank telling the appellate panel he had nothing new to add beyond what he wrote in his briefs. Bank said he assumed the panel was familiar with the record, and asked whether anyone had questions for him.

Chin asked about the alleged harm to the lawyer challenging the affidavit, drawing an assertion from Bank that the judge's remarks had "nothing to do with this case." Chin then pressed Bank to articulate what the alleged injury was—essentially, why he's in court in the first place.

"Are you serious judge? With all due respect, I don't know what to say," Bank said at the time.

Chin responded: "You know what, I withdraw my question. You can sit down."

"OK, well, thank you. Thank you very much judge. I see that you read the briefs thoroughly," Bank said.

Chin asserted: "Listen, you know, you are acting inappropriately—you are acting inappropriately. Well, well, you are acting in a disrespectful and discourteous manner, and that's not appropriate."

Assistant U.S. Attorney Matthew Modafferi then rested on the arguments in the briefs, prompting Bank to ask for rebuttal time. Chin and a second judge told Bank he had "waived" rebuttal and was excused. Parker then asked that Bank be removed from the court, and he was again told to leave.

In a letter to the court filed Monday morning that reiterated his client's legal argument, Bank said he regretted not having a productive oral argument, and that he hopes the court, himself and others will learn from the experience.

Bank admitted he could have been more diplomatic, but stopped short of an apology.

"However, having argued before the court dozens of times during the past 20 years, I have been both on the receiving end, and an observer, of comments and questions from the bench that could be described as 'disrespectful,' 'discourteous,' and 'inappropriate.'" Bank wrote. "That does not change the nature of my own comments, but it does show, in my view, that there is a double standard that those who appear before the court are loath to violate for fear that the judges will take their personal feelings into account when making their rulings, whereas judicial integrity requires (indeed, in partly defined by) the opposite."