Vance Day judicial misconduct hearings begin next week

Judicial misconduct hearings in the case against Marion County Circuit Court Judge Vance Day begin next week.

On Monday, Nov. 9, Day's case will be heard by the Commission on Judicial Fitness and Disability, a state commission that investigates claims of unethical conduct by judges. It also and if necessary, recommends sanctions to the Oregon Supreme Court.

Day came under fire in September for a gamut of alleged ethics violations, all of which he has denied. He’s been officially charged with violating the Oregon Code of Judicial Conduct and the Oregon Constitution.

Day has been accused of giving false statements to the commission, collecting money from lawyers that appear before him in court, allowing a felon to handle firearms, displaying portraits of political leaders with disregard to neutrality and screening wedding applicants to make sure they were not same-sex couples.

Through his official response, Day and his legal team are arguing that First Amendment freedoms of speech and religion protect Day’s conduct.

“I don't believe that by taking the oath as a judge, that I somehow set aside my First Amendment civil liberties and that as a judge I’m a lesser species of protection,” Day said in a September interview with the Statesman Journal.

Day's case has the potential to test whether judges give up certain rights by taking the bench. For example, the Oregon Code of Judicial Conduct prohibits judges from manifesting bias, but the Constitution protects that right.

Citing his strong Christian beliefs, Day has refused to perform same-sex marriages. The complaint against him said when same-sex marriage became legal in Oregon, Day allegedly instructed his staff to screen out same-sex wedding requests. Circuit court judges are not required to perform marriages and Day has since stopped performing any marriages.

Day has also been accused of dealing unethically with veterans that appear in his courtroom. He runs a court program that provides veterans with injury-induced, addiction or mental health problems alternatives to incarceration. In that program, compliance with Day’s stipulations can be the only alternative to incarceration or fines.

In the complaint filed against Day, it’s alleged that he made veterans in the court program watch combat footage or read books depicting war violence, knowingly causing post-traumatic stress disorder episodes.

The complaint said Day called the veterans in his court program “raggedy asses” to staff and said “I’m the judge — I can do whatever I want.”

One veteran within the program, a member of the famous Navy SEAL Team 6 that killed Osama bin Laden, was allegedly forced to attend a wedding Day officiated and stand beside him. The SEAL, who is a convicted felon and not allowed to handle firearms, was allegedly asked by Day to retrieve an unloaded gun hidden in a cabinet while doing work at Day's daughter's house.

Day is known as a strong supporter of veterans, and his courtroom is nearly covered in military themed artwork and artifacts.

The commission's complaint said Day collected money from lawyers, including some who appear before him, to sponsor some of the artwork.

Day allegedly hung a portrait of Adolf Hitler in his courtroom as part of an artwork display honoring American veterans. In the display, the portrait of Hitler was partially obscured by memorabilia commemorating Allied-forces veterans. In his courtroom, Day also has a multi-media display honoring Holocaust victims.

In addition, he's also accused of only hanging pictures of past Republican presidents in his jury room, violating judicial neutrality rules. Day is a former head of the Oregon Republican Party.

Day has said that if he is reprimanded by the Oregon Supreme Court, he will likely appeal to the United States Supreme Court.

He said he'd be "doing a disservice to the Constitution" if he did not appeal a reprimand that he believed to be based on unconstitutional grounds.

The hearing starts at 9 a.m., Monday, in Hearing Room 50 at the Oregon State Capitol and is open to the public.

gfriedman2@statesmanjournal.com , (503) 399-6653, on Twitter @gordonrfriedman or Facebook.com/gordonrfriedman





