Vance Day -- the Marion County Circuit judge fighting to convince the Oregon Supreme Court to let him keep his seat -- was arraigned Thursday on felony charges that he provided a gun to a felon on two occasions.

The indictment also accuses Day of the misdemeanor crime of using his position to obtain a benefit in late 2013 and early 2014.

Day's defense attorney, Michael De Muniz, said the allegations are false.

"We have been aware of the Attorney General's investigation for several months and cooperated with every stage of the process," De Muniz said. "We are extremely disappointed in the Attorney General's decision to pursue these charges. Judge Day is innocent and is looking forward to defending himself at trial before a jury of his peers."

Day has been ordered to work from home.

"This is the first time I'm aware that a sitting judge has been indicted" in Oregon, said Phil Lemman, a spokesman for the Oregon Judicial Department. "So thankfully, it's very rare."

State prosecutors couldn't provide further details about the charges, a spokeswoman said.

The indictment does, however, name the then-felon -- Brian Shehan -- that Day allegedly provided with guns, also in late 2013 and early 2014.

Day spent out-of-court leisure time with Shehan, a former Navy Seal, who was in Day's Veterans Treatment Court program, according to a January 2016 report by the Oregon Commission on Judicial Fitness and Disability. In November 2013, Day drove Shehan to the home of Day's son-in-law, so Shehan could perform some work there, according to the report.

Although Day had repeatedly told Shehan in court that he was prohibited from being around guns, the judge gave Shehan permission to handle a gun at the home by removing a clip and making sure it wasn't loaded, the report said.

The report also found that in January 2014, Day and his son went to Shehan's home uninvited and let him handle a gun that they brought with them. Day's son returned to Shehan's home later that day and the two practiced shooting the gun, according to the report.

Read: Commission's findings on Day's interactions with Shehan (starting on Page 8)

Shehan originally pleaded guilty to felony driving under the influence of intoxicants in 2013, but his conviction ultimately was reduced to a misdemeanor at some point after he handled the guns Day gave him.

Day hasn't been at the office since Tuesday, Lemman said. Marion County Circuit Presiding Judge Dale Penn assigned Day to work at home on projects that Penn will assign him at a future date. It's not clear what kind of work Day will be able to do from home.

The judicial fitness commission recommended earlier this year that Day be ousted from his job for a long list of reasons -- including that he allegedly refused to marry same-sex couples. Day is fighting that from happening -- with oral arguments scheduled before the state Supreme Court in April.

Among the commission's findings:

Day instructed his staff members to embark on a "discriminatory plan" by telling people that they would have to check the judge's schedule before he could perform a wedding. The judge then allegedly told his staff to investigate if the couples were gay. If so, staff members were to tell the couple that the judge was "unavailable" on the requested day and to call another judge, the commission said.

Day included a portrait of Adolf Hitler in a "Hall of Heroes" artwork display he erected in the Marion County Courthouse. When then-Presiding Judge Jamese Rhoades told him to take it down, he told her, "You don't want to go there because some very influential people in this town want it up," the commission wrote. Rhoades viewed that as "a veiled political threat," the commission said.

After Day's son was hurt during a Chemeketa Community College soccer game in 2012, Day shoved "his judicial business card at a soccer referee" to intimidate the referee because Day was mad at him for a call he'd made before his son's injury.

A grand jury issued a secret indictment of Day on Wednesday. He was arraigned Thursday in Marion County Circuit Court by Judge Fred Avera. He faces two counts of aiding and abetting in the crime of felon in possession of a firearm and two counts of first-degree official misconduct.

Day wasn't taken into custody. He also didn't have his mugshot or fingerprints taken. That typically comes later in the process in Marion County, a sheriff's official said.

Day is in his mid-50s, married and a father of three. He has been a licensed attorney in Oregon since 1991. He was appointed to be a Marion County Circuit judge in 2011 and elected in 2012.

At least two other Oregon judges have been accused of misdemeanor crimes -- but not indicted for alleged felonies -- in recent history.

In January 2014, Washington County Circuit Judge Donald Letourneau was stopped on suspicion of misdemeanor driving under the influence of intoxicants. The charge didn't go far, though, with prosecutors dropping the case several weeks later because they thought it couldn't be proven beyond a reasonable doubt.

In 2000, Marion County Circuit Judge Albin Norblad was caught driving drunk -- after he was followed by a state trooper, ran a red light and stopped in the middle of an intersection, according to a state Supreme Court summary of the case. Norblad entered a diversion program that called for treatment, and the misdemeanor charge was dismissed.

In 1992, the Supreme Court decided that Multnomah County District Judge Robert Kirkman had in essence committed a few crimes -- including forgery and bigamy -- even though he was never convicted. The high court disbarred Kirkman after finding that he had forged a document so he could marry a woman with whom he had an affair. He was still married to the wife he cheated on when he married his mistress, the court said.

Read the Day indictment here.

-- Aimee Green

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