On Monday, December 19, 2022, the California Commission on Judicial Performance announced the hearing date on the matter concerning Honorable Tony R. Mallery – California state court judge of the Superior Court of Lassen County

Judge Mallery was charged by the Commission on Judicial Performance, represented by its Chairperson Michael B. Haper, with 21 counts of willful misconduct, conduct prejudicial to the administration of justice that brings the judicial office into disrepute, and improper action. The filing is entitled ‘formal proceedings,’ filed on Monday, September 12, 2022, in a case styled as Inquiry Concerning Judge Tony Mallery, with case number #208.

The allegations include violations of the Code of Judicial Ethics of California, canons 1, 2, 2A, 2B(1), 2B(2), 3, 3B(1), 3B(2), 3B(3)(a), 3B(4), 3B(5), 3B(7), 3B(8), 3B(9), 3B(12), 3C(1), 3C(2), 3C(3), 3C(4), 3C(5), 3D(4), and 3D(5), 3E, 3E(1), 3E(2)(a), 4A, 4A(1), 4A(2), 4A(3), 4A(4), 4C(3)(d)(i) and (iv).

The judicial canons can be found here.

Pursuant to Rules of the Commission on Judicial Performance, Rules 104(c) and 119, the Commission required Judge Mallery to file a written answer to the charges against him within twenty (20) days from service of the notice. On September 29, 2022, Judge Mallery filed his answer, entitled Verified Answer to the Notice of Formal Proceedings. The Judge denied all the allegations and branded the proceedings as part of the community attacks against him.

A copy of the answer can be found here.

The filing states:

‘The Commission alleged that Judge Mallery made negative remarks against attorneys who filed disqualifications of peremptory challenges against him and retaliated against an attorney who filed statements of disqualification against him. Judge Mallery also made comments that were perceived to interfere with a fair trial. Judge Mallery allegedly threatened employees who cooperated in the present investigation of his misconduct by hiring a law firm to investigate these employees. Judge Mallery also issued a decision on a mental health diversion that reflected his bias, prejudgment, and refusal to properly exercise judicial discretion.’

The filing continues:

‘Judge Mallery allegedly purchased items not necessary to his functions from a business operated by his brother. Judge Mallery abused authority and violated judicial ethics, abdicated judicial responsibility to evaluate plea agreements and made improper remarks that reflected a blanket refusal to accept plea agreements with negotiated sentences. He was also alleged to have abandoned his role as a neutral factfinder and usurped the prosecuting agency’s discretionary authority.’

The filing further states:

‘Judge Mallery was also alleged to have comported himself in a manner that would reasonably be perceived as prejudicial against one’s race, origin and ethnicity, sex or gender. He engaged in poor demeanor toward court staff, made disparaging remarks about a fellow judge and a court employee. He was likewise accused of abuse of his authority when he failed to disqualify himself in a case where there is probable conflict of interest. Judge Mallery also participated in fundraising efforts for an organization that frequently appeared before him in court.’

In a press release, the Commission announced that the initial hearing, which will be open to the public, will be held in Department 5 of the Superior Court of California, 720 9th Street, Sacramento, California on Monday, January 23, 2023, at 9:00 a.m.

The Judge earned a law degree from California Northern Law School. He served as Presiding Judge of the Superior Court of California in Lassen Country. Judge Mallery’s profile can be found here.

A copy of the notice of hearing can be found here.