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“The Oregon Supreme Court on Thursday took the unusual step of suspending a sitting state court judge – Vance Day of Salem – for three years.The high court found that Day…committed “willful misconduct” and made “willful misstatements” to investigators to cover up the truth. Day acted with prejudice against same-sex couples by deciding he wouldn’t marry them and he instructed his staff to employ a scheme to avoid “public detection” of his plan, the Supreme Court said. “We conclude that a lengthy suspension is required, to preserve public confidence in the integrity and impartiality of the judiciary,” the court’s opinion said. Day’s pattern of making “false statements” suggests that he “is not trustworthy,” the court said. In a written statement through his attorney, Day said he was heartened that the Supreme Court didn’t terminate his judgeship but saddened about the suspension. Day and his legal team are contemplating an appeal to the U.S. Supreme Court.The Oregon Supreme Court’s decision, however, drew praise from others. “A judge is a public official, not a priest, and is required to perform the duties of the office without bias or prejudice,“ said Ethan Rice, an attorney for New York-based Lambda Legal. The nonprofit organization supports the rights of the LGBT community. …a three-year suspension is a grave dishonor in the legal profession and he won’t be able to run for re-election during that time. He also won’t be paid for the remainder of his term. Going forward, the Oregon State Bar could seek to have Day disbarred as a lawyer or otherwise disciplined. Day has been fighting accusations of judicial unfitness since as early as 2013. The Oregon Commission on Judicial Fitness and Disability recommended Day’s removal from office in a scathing report in January 2016. The commission found that he had “engaged in a pattern of dishonesty” to hide a wide array of misdeeds. The Supreme Court has the power to punish judges who it finds in violation of professional codes of conduct. The punishment in Day’s case could have been as light as a public reprimand or severe as removal from office.“ http://www.oregonlive.com/pacific-northwest-news/index.ssf/2018/03/oregon_supreme_court_xxxx_judg.html
