The verdict is in: Lassen County Superior Court Judge Tony Mallery has been removed from office and disqualified from acting. as a judge as determined by the Commission on Judicial Performance.
Over the course of the proceedings, alleging over 20 acts of misconduct, Mallery sought to be retired from the bench, claiming he acquired a disability due to PTSD stemming from a claimed hostile workplace. However, the masters assigned to the proceedings said, “Judge Mallery failed to prove that any PTSD . . . he allegedly suffered contributed to his conduct.”
The commission (CJP) found Mallery’s conduct to be severely at odds with the core qualities and role expected of a judge, such as honesty, integrity, and treating others with dignity and respect. The Commission cited that Judge Mallery interfered with the investigation of his misconduct by retaliating against and discouraging witnesses from cooperating with the investigation. Additionally, the commission said Mallery’s misconduct was worsened by his intentional misrepresentations and fabrications while testifying during the proceedings, his verified answer, and his responses to investigation letters.
The commission said the seriousness of Mallery’s misconduct couldn’t be overlooked despite any attempts at mitigation.
Therefore, The commission ordered Judge Mallery removed from office for 23 acts of willful misconduct and 36 acts of prejudicial misconduct. The decision was supported by the majority of the Commission members.
The commission’s determination becomes final in 30 days, subject to discretionary review by the California Supreme Court.
The commission’s Decision and Order is available on the commission’s website, https://cjp.ca.gov
