Lassen County Superior Court Judge Tony Mallery, right, debates former Lassen County District Attorney Robert Burns in October 2012. File photo

Commission on Judicial Performance announces hearing dates concerning Judge Mallery

The Commission on Judicial Performance announced yesterday that the hearing to inquire into matters concerning Judge Tony R. Mallery, a judge of the Lassen County Superior Court, has been rescheduled.

The hearing will now commence at 9 a.m.  Monday, July 10, in Department 5 of the Superior Court of California, County of Sacramento, 720 9th Street, Sacramento, California. The hearing is scheduled to take place on court days from July 10-21, and Aug. 15-25, 2023. The hearing dates are subject to change by special masters who will preside over the hearing. The hearing will be open to the public.

According to the First Amended Notice of Formal Proceedings filed Feb. 24, Mallery faces 21 counts and is charged with “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 providing for removal, censure, or public or private admonishment of a judge or former judge.”

Mallery filed a Verified Answer to Notice of Formal Proceedings Sept. 29, 2022 — a detailed, 177-page response to each of the charges.

According to that answer, “Judge Mallery’s actions were lawful, ethical and consistent with his duties as a judge, both presiding and associate. Nothing Judge Mallery did violated the law, rules or Judicial Cannons; and instead the facts show that Judge Mallery upheld his duties despite tremendous community pressure and systemic challenges … This Notice of Formal Proceedings is the product of a Commission who had a goal in mind and is willing to accept obviously false or misleading testimony. The Commission only followed up on leads that they believed would support their case against Judge Mallery, they interpreted their findings in the worst light possible to Judge Mallery without consideration of possible scenarios, and the result shows. While Judge Mallery loathes the idea of having to defend himself at hearing, he looks forward to setting the record straight, clearing his name and for the truth to be known.”

The commission is composed of six public members, three judges and two lawyers. The chairperson is Dr. Michael A. Moodian. There is one attorney member vacancy on the commission.

For more information about the Commission on Judicial Performance, see the commission’s website at cjp.ca.gov.