On Friday, March 10, 2023, Lassen County Superior Court Judge Tony R. Mallery, filed his verified answer to the amended notice of formal proceedings accusing Mallery of retaliating against three employees for cooperating with the commission.

Judge Mallery, in a Notice of Formal Proceedings filed by the Commission on Judicial Performance, was charged with 21 counts of misconduct. The allegations accused Mallery of willful misconduct in office, 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. Moreover, Mallery was alleged to have violated the code of judicial conduct specifically those governing integrity and independence; impropriety; impartiality, competence, and diligence. Mallery was further alleged to have failed to conduct quasi-judicial and extrajudicial activities to minimize the risk of conflict with judicial obligations.

According to the filing, counts two, twelve, and twenty-one of the notice of formal proceedings were amended which Mallery addressed in his verified response, denying counts two and twenty-one, and reasserting his original answer to both counts.

The Verified Response states:

“Judge Mallery incorporates and reasserts his original answer to Count Two. The amendment does not make sense. To the extent, the allegation is that Judge Mallery lied during the investigation or in his Answer, Judge Mallery denies it.”

The Verified Response continues:

“Judge Mallery incorporates and reasserts his original answer to Count Two. This amendment calls for no further response.”

As to the amendment on Count twelve, Judge Mallery denied that he stated he would not appoint Mr. Zamora in any more cases. Judge Mallery further acknowledged “he said words to the effect of the plea offer is what’s on the complaint if the prosecution makes no other offer.”

In addition to his verified response, Judge Mallery has also attested that he has read the Answer to the Amended Notice, is familiar with its contents, and believes it to be true, with the exception of the matters that are alleged based on information and belief, in which case he also believed them to be true.

The Judge earned a law degree from the California Northern School of Law.
The Judge’s Courtroom is at 2610 Riverside Drive in Susanville and can be reached at (530) 251-8205.

A copy of the original filing can be found here.