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To: Chief Justice Patricia Guerrero, California Supreme Court

Remove Judge Donald Gaffney

Letter Regarding Removal of Judge Donald F. Gaffney

To the Judicial Council of California and the Commission on Judicial Performance:

I am writing to request a thorough review and, if warranted, the removal of Judge Donald F. Gaffney from the Orange County Superior Court. This request is based on multiple public comments and firsthand accounts that raise serious concerns about Judge Gaffney’s judicial conduct and his impact on the fairness and integrity of the court system.

Public comments on The Robing Room detail several troubling patterns and specific instances (see The Robing Room: Judge Donald F. Gaffney):
  • Lack of Impartiality and Bias
    Multiple litigants and attorneys have reported that Judge Gaffney displays favoritism toward certain parties or attorneys, and that he is dismissive or condescending toward others. This perceived bias undermines the principle of impartial justice and erodes public trust in the court.
  • Disregard for Due Process and Litigant Rights
    Several comments describe instances where Judge Gaffney allegedly failed to allow parties to fully present their cases, interrupted and belittled litigants, and made decisions that seemed arbitrary or inconsistent with the law. These actions raise serious concerns about due process and the fair administration of justice.
  • Negative Impact on Litigants’ Well-being
    Individuals have described feeling powerless and disrespected in Judge Gaffney’s courtroom. Some report that his demeanor and decisions have caused emotional distress and financial hardship, particularly in family law and other sensitive matters.
  • Courtroom Management and Professionalism
    There are also complaints about Judge Gaffney’s courtroom management, including allegations of unprofessional conduct, inconsistent rulings, and a lack of respect for the dignity of those appearing before him.
While Judge Gaffney has presided over significant cases and is recognized for his experience, the volume and consistency of these public complaints cannot be ignored. The judiciary must be held to the highest standards of integrity, fairness, and respect for all who come before it. When judges fail to meet these standards—as evidenced by the concerns detailed in the referenced public comments—it is essential that the appropriate authorities take action to restore public confidence in the legal system.

I urge you to review the allegations against Judge Donald F. Gaffney and, if substantiated, to remove him from the bench. The integrity of our justice system depends on judges who are impartial, respectful, and committed to upholding the law.

Sincerely,
The People of Orange County, California 

  1. https://therobingroom.com/state/CA/judge/15199/Hon.%20Donald%20F.%20Gaffney/comments
  2. https://www.occourts.org/sites/default/files/oc/default/tentative-rulings/dgaffneyrulings.pdf
  3. https://juryverdictalert.com/harassment/orange-county-employment-case
  4. https://fvaplaw.org/wp-content/uploads/2019/05/Published-final-opinion.pdf
  5. https://law.justia.com/cases/california/court-of-appeal/2015/g049197.html
  6. https://www.tentativerulings.org/search/?location=236&judge=743&zpage=&zresults=100
  7. https://www.occourts.org/system/files/civil/gaffneyprocedures_1.pdf
  8. https://sign.moveon.org/petitions/no-more-immunity-for-1
  9. https://ballotpedia.org/Donald_F._Gaffney
  10. https://law.justia.com/cases/federal/district-courts/FSupp/676/1544/1627240/
  11. https://www.orangejuiceblog.com/2016/05/orange-juice-blog-2016-primary-recs-for-early-voters-judicial-office-48/

Why is this important?

Removing a judge from the bench—or demanding accountability for judicial misconduct—is important because judges hold tremendous power over people’s lives, making decisions that affect families, freedoms, and futures. When judges act unfairly, with bias, or in ways that undermine due process, it erodes public trust and can cause real harm to individuals and communities123.

Why is this important?
  • Ensuring Judicial Accountability and Fairness
    Judicial accountability is the cornerstone of a fair and just society. It means judges must uphold the law impartially, transparently, and be answerable for their actions. Without accountability, there is a risk of corruption, abuse of power, and a breakdown in the rule of law12.
  • Protecting Public Trust
    Public confidence in the judiciary is essential for the legal system to function effectively. When judges are seen as biased or unethical, people lose faith in the ability of the courts to deliver justice, which undermines the legitimacy of the entire legal system123.
  • Preventing Harm and Injustice
    Judges make decisions that can affect custody, liberty, and even life. Misconduct or bias can result in unjust outcomes, particularly for marginalized or vulnerable groups43.
  • Promoting Equality and Justice
    Holding judges accountable helps ensure that justice is administered equally, without favoritism or discrimination. It reinforces the principle that everyone, regardless of background, deserves fair treatment under the law24.
Why should others join this campaign for change?
  • Strength in Numbers
    Collective action amplifies voices and increases the chances of achieving meaningful reform. When people join together, they can pool resources, expertise, and influence to hold powerful actors accountable56.
  • Restoring Public Confidence
    A united campaign demonstrates to decision-makers and the public that there is widespread concern about judicial misconduct, making it harder to ignore or dismiss these issues56.
  • Empowering Communities
    By participating, individuals help ensure that the judiciary reflects community values and needs. This is especially important for those who have been historically marginalized or harmed by the system56.
  • Creating Lasting Change
    Collective efforts can lead to structural reforms that prevent future injustices and make the legal system more transparent, fair, and responsive to all citizens56.
In summary, joining this campaign is not just about addressing one judge’s conduct—it’s about protecting the integrity of the entire justice system, ensuring fairness for all, and empowering communities to demand accountability from those in power.
  1. https://www.numberanalytics.com/blog/judicial-accountability-guide
  2. https://www.numberanalytics.com/blog/judicial-accountability-equality
  3. https://whyy.org/articles/families-like-ours-know-that-judges-exercise-tremendous-power-with-limited-oversight-heres-what-were-doing-about-it/
  4. https://www.cambridge.org/core/journals/journal-of-experimental-political-science/article/judges-behaving-badly-judicial-misconduct-and-a-threat-to-rights/032324FE8F0A1BF83E5880F967EEAD31
  5. https://www.numberanalytics.com/blog/collective-action-in-intergovernmental-relations
  6. https://journals.sagepub.com/doi/full/10.1177/00323217231182024
  7. https://civilrights.org/blog/to-protect-our-democracy-we-need-supreme-court-reform-now/
  8. https://images.transparencycdn.org/images/TI_Policy_Position_Judiciary_02.07.pdf
  9. https://ncsc.contentdm.oclc.org/digital/api/collection/judicial/id/207/download
  10. https://ballotpedia.org/Judicial_independence_and_accountability
  11. https://demandjustice.org/priorities/reforming-the-courts/
  12. https://demandjustice.org/momentum-for-court-reform-continues-to-grow-supreme-court-reform-is-no-longer-an-afterthought-or-fringe-issue/
  13. https://afajof.org/management/viewp.php?n=127764
  14. https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=1373&context=dlr
  15. https://www.isba.org/ibj/2012/09/perceptionisrealityrecusalandjudici
  16. https://www.numberanalytics.com/blog/judicial-discipline-ultimate-guide
  17. https://afj.org/why-courts-matter/supreme-court-reform/
  18. https://judicature.duke.edu/articles/why-are-state-judges-among-us/
  19. https://lambdalegal.org/blogs/us_202208090_faq-court-reform/
  20. https://www.epa.gov/international-cooperation/public-participation-guide-introduction-public-participation