On Thursday, May 2, 2024, Sierra Daily News reported that Lassen County Superior Court Judge Tony Mallery was removed from office by the California Commission on Judicial Performance (CJP). According to the article, the CJP determined Judge Mallery committed 23 acts of willful misconduct and 36 acts of prejudicial misconduct in his role on the bench.

During misconduct proceedings against Judge Mallery that spanned multiple allegations, he attempted to retire from the bench, citing post-traumatic stress disorder from a hostile workplace. However, special masters assigned to the case found Judge Mallery did not prove that any PTSD he experienced contributed to his conduct.

The CJP found Judge Mallery’s actions to be contrary to the high standards of honesty, integrity, and respect expected of judges. Specifically, the commission said Judge Mallery interfered with their investigation by retaliating against and discouraging witnesses from cooperating. Additionally, they ruled his testimony during the proceedings contained intentional misrepresentations and fabrications.

Although Judge Mallery attempted to cite mitigating factors, the CJP maintained the seriousness of his misconduct could not be overlooked or excused. They ordered he be removed from office, and disqualified from serving as a judge in the future.

The removal was supported by a majority of the commission members. As required by law, there will be a 30-day period for the California Supreme Court to optionally review the CJP’s ruling before it becomes finalized.

 

 

Source: Sierra Daily News