Commission on Judicial Performance Announces Oral Arguments in Judge Mallery Case


UPDATED 1/30 12:00 pm: In a recent judicial review, examiners are recommending for the removal of Lassen Superior Court Judge Tony Mallery from the bench. The Commission on Judicial Performance in a recent announcement, has set a date to hear oral arguments, scheduled for Thursday, March 21, 2024, at 10:30 a.m. in the San Francisco’s U.S. District Ceremonial Courtroom on the 19th Floor, it will be open to the public.

During the session, parties will address findings from the special masters’ report, accusing Judge Mallery of serious misconduct. The report highlights 20 instances of willful misconduct and 23 of prejudicial misconduct, along with violations of ethical standards. The commission is assessing factors like honesty, prior discipline, and cooperation, leading to the recommendation for removal. As stated in the examiner’s brief, the “Foremost in the commission’s consideration…is “honesty and integrity.” where honesty is a “minimum qualification” that is “expected of every judge.”

Responding to the special masters finding of facts and conclusion of law, Judge Mallery asserts he acted in good faith, and intends to discuss the findings, dispute negative points, and propose a punishment not involving removal during the March proceedings. Citing a hostile work environment since his swearing-in in 2013, he emphasized his disability, job-induced PTSD, and argues for retirement, not removal.

In an announcement today, the Commission on Judicial Performance disclosed that oral arguments in the case against Lassen Superior Court  Judge Tony Mallery will be conducted by commission examiners at the District Court in San Francisco.

The meeting is scheduled for Thursday, March 21, 2024, starting at 10:30 a.m. and will take place in the Ceremonial Courtroom on the 19th Floor. The proceedings are open to the public.

During the session, the involved parties will have the opportunity to address the findings of the special masters’ report and raise any objections they may have. Released earlier this month, the special masters’ report found legal ground for a dozen acts of willful misconduct and sixteen instances of prejudicial conduct among the 21 charges against Judge Mallery.

Leading the examination are Mark Lizarraga, Bradford Battson, and Melissa G. Murphy from the Commission. Representing Judge Mallery are James A. Murphy and Christopher R. Ulrich from San Francisco.

For those interested, the special masters’ report, the record of the proceedings, and briefs from both sides can be inspected by contacting the commission’s