Special Masters Find Dozens of Misconduct Instances in Lassen Superior Court Judge Mallery Case

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The special masters assigned to review the case by the Commission on Judicial Performance of Lassen Superior Court Judge Tony Mallery have identified dozens of instances of misconduct in Findings of Fact and Conclusions of Law Report.

The Commission is investigating Judge Mallery for willful misconduct, conduct prejudicial to the administration of justice, and improper action.

Special masters were appointed to conduct an evidentiary hearing, during which 54 witnesses testified, and 400 exhibits were admitted. The charges against Judge Mallery include around 75 specific instances of alleged misconduct, ranging from retaliation against court staff and making false statements to discouraging cooperation with the Commission, to name only a few.

In response, Judge Mallery denied any misconduct, asserting compliance with Judicial Canons. He claimed that rumors and grudges in the small community of Susanville led to unfair attacks orchestrated by the Commission. He argued constant scrutiny since taking the bench in 2013, accused the Commission of acting as a proxy for personal attacks, and admitted to mistakes but deemed them unworthy of his removal.

The charges, outlined in the Notice of Formal Proceedings, involve violations of various Canons of the California Code of Judicial Ethics, with 21 counts addressing specific instances of alleged misconduct.

These encompass a range of actions, including willful misconduct involving retaliation against attorneys filing challenges, attempting to persuade individuals to withdraw challenges, improper communications about plea agreements, and biased speech. Prejudicial misconduct includes instances of abuse of authority, failure to disqualify or disclose personal relationships, disparaging remarks, and involvement in improper fundraising.

The special master report suggests that these actions together show a repeated pattern of behavior that goes against the accepted standards of how judges should behave, which compromises the fairness and honesty of the judicial system.

The Commission on Judicial Performance is expected to convene again on January 31st and February 1st. No decision has been made regarding the fate of Judge Mallery.