Judge Donald F. Gaffney

Judge Donald F. Gaffney has served on the Orange County Superior Court since his appointment by Governor Arnold Schwarzenegger on May 16, 2008. He is currently assigned to the Central Justice Center. His tenure spans both civil and criminal matters, as evidenced by his presiding over high-profile criminal proceedings in 2012 involving a suspect in serial killings in Orange County, as well as a significant employment law ruling in November 2023 in which he found that supervisors were not liable for harassment by an employee — a ruling notable enough to be covered by the Daily Journal. The 2023 employment harassment ruling reflects a willingness to draw clear lines on the scope of supervisory liability under California harassment law, ruling in favor of the defense on that issue. This single documented ruling provides limited but concrete data: Judge Gaffney applied a restrictive interpretation of supervisor liability in the harassment context. Beyond this, the existence of a public MoveOn petition calling for his removal as of 2025 signals that at least some members of the public or advocacy communities have taken issue with his conduct or rulings, though the specific grounds for that petition are not detailed in available data. With over 16 years on the bench, Judge Gaffney has demonstrated experience across both criminal and civil dockets. The data available is limited, and attorneys should supplement this profile with direct research into recent rulings from the Orange County Superior Court docket before appearing before him.

The one documented civil ruling from Judge Gaffney — finding supervisors not liable for harassment by an employee — suggests that in employment litigation, arguments grounded in precise statutory interpretation of supervisory liability under FEHA may resonate with this judge. Plaintiffs' counsel in harassment or hostile work environment cases should be prepared to address the scope of supervisor liability directly and with strong factual support, as Judge Gaffney has shown he will rule against plaintiffs on this issue when the facts and law support the defense position. Given the limited ruling data available, attorneys should conduct independent research into Judge Gaffney's recent decisions through the Orange County Superior Court's public docket and the Daily Journal archives before any appearance. The existence of a public removal petition, while not determinative of judicial temperament or bias, warrants awareness; attorneys should approach proceedings with heightened professionalism and thorough preparation to ensure the record is clean and well-documented. For criminal matters, Judge Gaffney's documented involvement in high-profile serial killing proceedings in 2012 indicates experience managing complex, sensitive criminal cases. Defense and prosecution counsel in serious criminal matters should be prepared for a judge with experience managing high-stakes proceedings and the attendant procedural demands.

• critical

  Research Orange County Docket for Recent Rulings

  With only one documented ruling available, attorneys must independently research Judge Gaffney's recent decisions through the Orange County Superior Court public docket and Daily Journal archives to identify any additional patterns before appearing.

• critical

  Prepare Detailed Supervisor Liability Briefing in Employment Cases

  In any FEHA harassment or hostile work environment matter, prepare a thorough brief addressing the scope of supervisory liability. Judge Gaffney has ruled against plaintiffs on this issue and will require strong factual and legal differentiation.

• important

  Monitor Removal Petition Developments

  Track any news or court administrative actions related to the active MoveOn removal petition to ensure awareness of any changes to Judge Gaffney's status or assignment before scheduled appearances.

• Nice

  Review 2012 Criminal Proceedings Coverage

  For criminal matters, review publicly available coverage of the 2012 serial killing proceedings Judge Gaffney presided over to understand his approach to complex criminal case management.

• ›Maintain thorough documentation and a clean record in all proceedings, given the public scrutiny this judge is currently under.
• ›Be prepared to address the precise statutory and factual basis for any liability theory, as Judge Gaffney has demonstrated willingness to rule on narrow legal grounds in civil matters.
• ›In criminal proceedings, be prepared for a judge experienced with high-profile, complex cases who will expect procedural competence and efficiency from counsel.