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Marion County Judge Vance Day pictured at the inauguration of Secretary of State Dennis Richardson on Dec. 30, 2016 in Salem. Day was indicted in Nov. 2016 on felony weapons and official misconduct charges.

(Gordon Friedman)

Marion County Judge Vance Day, who is under indictment on felony weapons and misdemeanor official misconduct charges, attended Friday's inauguration of Republican Secretary of State Dennis Richardson.

Day served as chairman of the Oregon Republican Party from 2005 through 2009.

Day was indicted by a Marion County grand jury in November after the state alleged he knowingly aided and abetted a felon in possessing a firearm, and separately used his elected position as a judge for personal gain.

Day has maintained his innocence, and been ordered to work from home. He could not be reached for comment.

Michael Calcagno, a spokesman for Richardson, said he believes Day did not have a reserved seat at the inauguration, which was open to the public. Day stood in the back of the third-floor Senate chambers gallery.

When asked for comment about Day's attendance, Calcagno said, "Dennis draws support from many different people from many different backgrounds."

The criminal charges also connect to a separate ethics case against Day, in which the Commission on Judicial Fitness and Disability unanimously recommended he be removed from the bench.

Much of the case centered on Day's public refusal to marry same-sex couples. Judges are not required to perform marriages, but the commission found Day asked his staff not to assign him same-sex marriage requests before he stopped performing ceremonies altogether.

Day has said he did nothing wrong, and that his conduct was protected by the First Amendment rights to speech and religion.

The ethics case is pending before the Oregon Supreme Court, which has power over judicial discipline. Day has said he will appeal to the U.S. Supreme Court if he is sanctioned.

-- Gordon Friedman

@gordonrfriedman; gfriedman@oregonian.com