SALEM, Ore. (KOIN) — A Marion County judge who came under fire for refusing to perform same-sex marriages in 2015 may be removed from the bench if the Oregon Supreme Court follows the recommendation of a state judicial panel.
The Commission on Judicial Fitness and Disability said Monday it found Judge Vance Day had lied under oath, in some instances he had acted for personal gain, and he had impugned his honesty and integrity.
Commissioners unanimously recommended Judge Day be removed from his position.
Judge Day originally made headlines in September 2015 after it was revealed he refused to perform same-sex weddings. A spokesperson for Judge Day previously said it was within his right to refuse to marry same-sex couples. He reportedly stopped performing weddings altogether in Spring 2015.
The panel examined Judge Day’s judicial behavior in a number of areas.
Those included his refusal to perform same-sex marriages, soliciting money from lawyers appearing before him, and allowing a convicted felon to handle a gun.
The Oregon Supreme Court will decide whether Day will be removed.
A spokesman for Judge Day provided the following statement:
Judge Day and his legal team are disappointed with the Commission’s findings of fact and conclusions. His attorneys had not been notified that a decision was imminent, and only learned of its release from the Commission news release. Because of the late hour and the length of the decision, a full response will not be possible this evening.A quick review of the decision indicates that the Commission’s “finding of facts” are at odds with evidence presented at the hearing, and some have no evidentiary support at all and were not part of the original allegations as required by rule 7d.The opinion is especially troubling because it disregards Judge Day’s First Amendment rights to freedom of religion, speech and association. He will vigorously defend these rights, and his innocence of the remaining charges, before the Oregon Supreme Court.We will have a more detailed response once we have had an opportunity to fully digest the decision.
The Associated Press contributed to this report