The career of former Lassen County Superior Court Judge Tony R. Mallery came to a definitive end after the California Supreme Court upheld a decision to remove him from the bench. The ruling concluded a multi-year disciplinary case initiated by the California Commission on Judicial Performance, which found Mallery guilty of a staggering pattern of misconduct, including 23 acts of willful misconduct and 36 acts of prejudicial misconduct.
An Unprecedented Pattern of Misconduct
The Commission’s formal inquiry, which began in September 2022, uncovered a wide-ranging list of offenses. The findings paint a troubling picture of a judge who demonstrated a “profound lack of candor” and an “inability to conform his behavior to appropriate judicial standards.”
Among the most serious findings were:
- Retaliation and Interference: Mallery actively discouraged court staff from cooperating with the commission’s investigation. He was found to have retaliated against employees who provided information, even going so far as to seek to have their emails reviewed to uncover who was “ratting” on him.
- Abuse of Authority: Mallery repeatedly overstepped his judicial role. He usurped the authority of prosecutors by attempting to eliminate traditional plea bargaining and offering his own deals directly to defendants. He also admitted to making judicial decisions based on improper factors, such as public perception and political repercussions.
- Lack of Honesty: The commission found that Mallery made intentional misrepresentations and fabricated information during the proceedings, including in his testimony and responses to letters of inquiry. This lack of honesty was a significant factor in the commission’s decision.
- Inappropriate Demeanor: The report detailed instances of intemperate and offensive conduct, including inappropriate comments about courthouse staff and the use of speech that could be perceived as biased.
The Attempt to Evade Disbarment
Mallery’s legal team attempted to mitigate the situation by arguing for his retirement on disability, citing a diagnosis of Post-Traumatic Stress Disorder (PTSD). However, the commission rejected this, asserting that his misconduct was not excused by his condition. The commission stated that Mallery’s consistent lack of candor and inability to change his behavior, even after being notified of the investigation, demonstrated his unfitness for judicial office.
The Final Verdict
The California Commission on Judicial Performance issued its removal order on May 2, 2024. Mallery subsequently appealed the decision to the state Supreme Court, but his petition was rejected without comment in December 2024. The Supreme Court’s decision was the final step, cementing Mallery’s removal from the bench and making him ineligible to practice law. The case serves as a powerful testament to the rigorous ethical standards demanded of those who serve in the judiciary.
Based on the extensive findings of the California Commission on Judicial Performance, the final conclusion is that Judge Tony R. Mallery was unfit to serve in a judicial capacity and his removal was a necessary measure to protect the public and uphold the integrity of the judiciary.