Judge Vance Day -- who wouldn't marry same-sex couples -- suspended for 3 yearsBy Aimee Green agreen@oregonian.com
The Oregonian/OregonLive
The Oregon Supreme Court Thursday took the unusual step of suspending a sitting state court judge -- Vance Day of Salem -- for three years.
The high court found that Day -- a Marion County Circuit Court judge -- had committed "willful misconduct" and made "willful misstatements" to investigators to cover-up the truth. Among Day's misdeeds, the Supreme Court found that Day acted with prejudice against same-sex couples by deciding he wouldn't marry them -- and he instructed his staff to employ a scheme to avoid "public detection" of his plan.
Among "exceptionally serious" misconduct, the Supreme Court found that Day falsely claimed that he didn't know a man that he supervised on probation was a felon. Day allowed that man to handle a gun twice in his presence -- even though Day had told the man in court that he was forbidden from handling firearms, the court found.
The court also found that Day lied about being assaulted by a referee or sports official at his son's Chemeketa Community College soccer game.
"We conclude that a lengthy suspension is required, to preserve public confidence in the integrity and impartiality of the judiciary," reads the court's opinion.
The court said Day's pattern of making "false statement" suggests that he "is not trustworthy."
Janet Schroer, an attorney for Day, said that she was still reading and digesting the 91-page opinion. She said had no immediate comment for her client, but planned to have one soon.
Day has been a lawyer in Oregon since 1991. He was appointed to the bench in 2011 by then-Gov. John Kitzhaber, and elected to a full six-year term in November 2012 -- meaning his term would have expired later this year, anyway.
But a three-year suspension is a grave dishonor in the legal profession, and he will not be able to run for re-election during that time. He also will not be paid for the remainder of his term.
Going forward, the Oregon State Bar could seek to have Day disbarred as a lawyer or otherwise disciplined.
Day has been fighting accusations of judicial unfitness since as early as 2013.
The Oregon Commission on Judicial Fitness and Disability had recommended Day's removal from office.
In January 2016, the commission issued a scathing report recommending Day's removal from his judicial position. The commission found that he had “engaged in a pattern of dishonesty" to cover up a wide array of misdeeds.
Among the commission’s findings:
Day refused to marry same-sex couples; Day encouraged and allowed a felon to handle a gun; Day included a portrait of Adolf Hitler as part of a "Hall of Heroes" artwork display he erected in the Marion County Courthouse; and he shoved his judicial business card at his son’s soccer referee in an attempt to intimidate the referee into backing off.
During oral arguments made to the state Supreme Court last June, Day's lawyers defended his actions on many fronts. They said their client did not want to marry same-sex couples because of his deeply held religious beliefs, and Day's beliefs are constitutionally protected. Day's lawyers also acknowledged that he'd made some mistakes, but none that warranted removal from the bench.
Day hadn’t been hearing cases since November 2016, when he was arraigned on felony and misdemeanor accusations that he provided a gun to a felon on two occasions and used his position to obtain a benefit in 2013 and 2014. Day is scheduled to go to trial in April and has vigorously denied he committed any crimes.
Meanwhile, he had been working from home -- doing research and other non-judicial tasks, as assigned. He had been drawing his full, legislatively set salary of $124,468 per year.
The Supreme Court has the power to punish judges who it finds in violation of professional codes of conduct. The punishment in Day's case could have been as light as a public reprimand or severe as removal from office.
Check back on OregonLive.com for more on today’s Supreme Court decision.
Read the Supreme Court's decision here.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2018/03/oregon_supreme_court_xxxx_judg.html