Judge Vance Day, left, speaks with his attorney Mike De Muniz during a pre-trial hearing at the Marion County Courthouse in Salem on Tuesday, March 6, 2018.
Anna Reed / Statesman Journal
The Oregon Supreme Court has suspended Marion County Judge Vance Day for three years without pay.
The ruling goes against the Judicial Fitness Commission's 2015 recommendation to remove Day from the bench completely, though Day's attorney says they're weighing an appeal.
"Respondent's misconduct — as we have found by clear and convincing evidence — did involve willful misrepresentation and other conduct that that certainly reflected adversely on his character to serve as judge."
Day, who was first appointed to the bench by former Gov. John Kitzhaber in 2011, made headlines in 2015 when his refusal to perform same-sex weddings surfaced.
In its ruling, the Supreme Court concluded a "lengthy suspension" is required "to preserve public confidence in the integrity and impartiality of the judiciary."
"We are saddened that a suspension was imposed," said Janet M. Schroer, Day's attorney. "We are evaluating an appeal to the United States Supreme Court."
The Supreme Court said Day's "willful misconduct" proved "clear and convincing evidence" that a three-year suspension without pay was appropriate.
In 2014, Day reported to the state’s Judicial Fitness Commission that he was present when a felon under his supervision held a gun, a violation of the law.
During the course of its investigation, the Judicial Fitness Commission said it found a number of other issues and policy violations, including intimidating a college soccer referee at a game in 2013 and instructing his employees to tell same-sex couples he was unavailable to perform marriages.
"Respondent implemented a screening process with his staff, aimed at ensuring that he married only opposite-sex couples, which treated those couples differently from same-sex couples," the ruling read. "That conduct, in turn manifested prejudice against same-sex couples, based on their sexual orientation, contrary to Rule3.3(B)."
The state’s Judicial Fitness Commission recommended Day be removed from the bench, though it was ultimately up to the Oregon Supreme Court to decide what happens in judicial misconduct cases.
Editor's Note: An earlier version of this article incorrectly quoted part of the court’s ruling. The state’s Supreme Court found Judge Vance Day’s actions “did involve willful misrepresentation and other conduct.” OPB regrets the error.
