PORTLAND, Ore. (KOIN) — All charges against Vance Day, the suspended Marion County judge facing felony charges in a trial being held in Portland, were dropped late Tuesday afternoon.
Day was accused of allowing a felon to handle a gun in a trial originally set for Salem. But his attorneys won a change of venue after expressing concern about the judge’s ability to get a fair trial in Marion County.
The trial began Monday. But it ended abruptly Tuesday.
The court granted the state’s motion to “dismiss without prejudice” the charges against Day because of the “absence of an essential witness.”
Since the statute of limitations has expired, the charges cannot be refiled.
The suspension, the appeals, the trial
In March, the Oregon Supreme Court handed down the longest suspension in its history to Day, who refused to marry gay couples in the state. But they stopped short of removing him from office.
Day came to the attention of authorities after allegations he had refused to marry gay couples and had broken gun laws. In 2015, an ethics commission recommended that Day be removed from office.
Instead, the court ordered Day suspended for 3 years.
Phil Lemman, a spokesman for the Oregon Judicial Department, said at the time the suspension was the longest in the court’s history.
The US Supreme Court refused to hear an appeal from Day over the suspension.
On October 9, the justices left in place the 3-year suspension against him, who argued he was singled out for his opposition to same-sex marriage.