On Wednesday, May 10, 2023, the Commission on Judicial Performance of the State of California announced that the hearing to inquire into matters concerning Lassen County Superior Court Judge Tony R. Mallery had been rescheduled to July 10, 2023, in Department 5 of the Superior Court of California.
Mallery is currently facing 21 counts of misconduct as contained in the Notice of Formal Proceedings filed on September 12, 2022, accusing Mallery of engaging in conduct prejudicial to the administration of justice that brings the judicial office into disrepute, and improper action within the meaning of Article VI, section 18 of the California Constitution. Mallery was also accused of retaliating against three employees for cooperating with the commission.
On September 29, 2022, Judge Mallery filed his answer denying all the allegations and branded the proceedings as part of the community attacks against him.
Counts two, twelve, and twenty-one of the notice of formal proceedings were amended which Mallery addressed in his verified response filed on March 10, 2023, denying counts two and twenty-one, and reasserting his original answer to both counts.
According to the Commission’s announcement, the hearing is scheduled to occur on court days from July 10 to 21 and August 15 to 25, 2023. These dates may be subject to change by the special masters presiding over the hearing. Additionally, the hearing will be open to the public, allowing interested individuals to attend and observe the proceedings.
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 original filing can be found here.