Oral argument set for Lassen County judge discipline matter

Oral argument set for Lassen County judge discipline matter

Oral argument is set for March 21 in the Commission on Judicial Performance disciplinary matter concerning Lassen County Judge Tony R. Mallery, accused of 21 counts of misconduct beginning shortly after his election in 2013.

The hearing in the federal courthouse in San Francisco follows lengthy testimony last summer and the filing on Oct. 16 of findings of fact and conclusions of law by both sides.

The document filed by commission Trial Counsel Mark A. Lizzaraga made several references to the possibility Lassen might retire.

Sometimes tearful, Mallery testified about harassment and opposition from court staff and colleagues that led to high blood pressure and stress, culminating in Presiding Judge Mark Nareau ordering him to stay away from the two-judge court.

Court staff, attorneys and other judges testified that Mallery had regularly made demeaning, racist, sexist and sometimes threatening comments and retaliated against attorneys.

Mallery is represented by James A. Murphy and Christopher R. Ulrich of Murphy, Pearson, Bradley & Feeny in San Francisco. Assistant Trial Counsel Bradford Battson and Melissa G. Murphy, along with Lizzaraga, work as examiners for the commission.

— Laurinda Keys