Oral arguments in former Superior Court Judge Tony Mallery’s case, alleging ethical court misconduct, are scheduled for this Thursday.
Mallery returns to the courtroom where his legal representatives will argue against The Commission on Judicial Performance examiner’s recommendation for his removal from the bench.
In January, Mallery’s legal representatives responded to the special master’s report, which detailed 20 instances of willful misconduct, 23 instances of prejudicial misconduct, and violations of ethical standards attributed to Mallery. They argued that Mallery had acted in good faith, and during Thursday’s oral arguments, intend to address the findings, challenge any negative aspects, and suggest a punishment that does not involve removal from the bench. They also plan to emphasize the hostile work environment he claims to have faced since becoming a judge in 2013, citing it as the cause of his disability, job-induced PTSD. Mallery will advocate for retirement rather than removal from his position.
The commission will assess factors like honesty, prior discipline, and cooperation in its decision.
Proceedings are scheduled for Thursday, March 21, 2024, at 10:30 a.m. in San Francisco’s U.S. District Ceremonial Courtroom on the 19th Floor, it will be open to the public.
Photo by Tingey Injury Law Firm on Unsplash
