Tony R. Mallery Removed

The California Commission on Judicial Performance removed Lassen County Superior Court Judge Tony Mallery after finding 23 acts of willful misconduct and 36 acts of prejudicial misconduct — 59 separate findings in total. Among the most serious: Mallery gave false testimony under oath during the Commission's own investigation into him, and retaliated against witnesses who cooperated with that investigation. Mallery also retaliated against lawyers who had moved to disqualify him for prejudice, and tried to interfere with the Commission's investigation directly — at one point asking the court's administrative manager who was "ratting" on him to ethics investigators, and suggesting she review employee emails to identify the "mole." The Commission described the pattern as reflecting "either a troubling inability to conform his behavior to appropriate judicial standards or a lack of understanding of what being a judge is and requires — or both." Mallery argued he'd faced a hostile presiding judge and negative work environment early in his tenure, and separately claimed PTSD contributed to his conduct; the Commission found neither excuse persuasive given the scope and duration of what he'd done. The California Supreme Court rejected his final appeal without comment in July 2024, making the removal permanent and final.