CJP public admonishment of Judge David A. Mason

The Commission on Judicial Performance on Tuesday disciplined a Modoc County judge for failing to note on the record his friendship with a lawyer who regularly appeared before him.

Judge David Mason, a 10-year veteran of Modoc County's two-judge court, was publicly admonished for "overstat[ing] his diligence" in disclosing a "personal and sustained" relationship with attorney Tom Gifford as required by judicial canons.

"Even if Judge Mason was not disqualified from presiding over Mr. Gifford's cases, he was required to disclose all facts about their relationship that were reasonably relevant to disqualification, on the record, in every case in which Mr. Gifford appeared," the commissioners wrote in their admonishment order. "Judge Mason presented no evidence that he ever did so, and concedes that he did not make a disclosure in every case where he was required to do so."

David McMonigle, a Long & Levit partner who represented Mason in the disciplinary matter, said the judge "respects the commission's decision and looks forward to continuing his service to the people of Modoc County."

Mason and Giffords were friends in the rural county of about 9,600—which includes approximately 10 locally based, regularly practicing attorneys, McMonigle said—when Gov. Arnold Schwarzenegger appointed Mason to the bench in 2009. Their families vacationed together in Italy for two weeks in 2013. Gifford moved to Texas shortly after the trip, and Mason visited there twice.

Gifford returned to Modoc County in 2017 to become the conflicts attorney for indigent defense and appeared before Mason 86 times that year, according to the commission.

When first contacted by a commission investigator in December 2018, Mason said his friendship with Gifford never influenced how he handled a case and that he "always and routinely" made the proper public disclosures "in every case where ethics and fairness made it necessary and expedient."

Four months later, Mason backtracked, telling investigators he could not "stand by such definitive statements" about his disclosures "with absolute confidence."

"Judge Mason did not provide any evidence that he had ever made any disclosure on the record in any case in which Mr. Gifford had appeared," the commission concluded.

Mason has since drafted a proposed disclosure that he will put on the record when Gifford appears in a case in his courtroom, according to the commission.

Ten members of the commission voted to publicly admonish Mason. One member, Kay Cooperman Jue, voted to privately admonish the judge.

Read more:

Contra Costa Judge Ordered Removed for 'Significant' Misconduct

Inyo Judge Disciplined for Missing Casework Deadlines

Santa Cruz Judge Censured for Denying Red-Light Violation Responsibility

Former El Dorado Judge Is Banned From Serving on Bench Ever Again

Two Trial Court Judges Disciplined for Poor Demeanor on the Bench