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Supreme Court gives Vance Day 3-year suspension for misconduct

Oregon's Supreme Court suspended Judge Vance Day for three years without pay, according to a ruling released Thursday morning.

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Oregon's Supreme Court suspended Judge Vance Day for three years without pay, according to a ruling released Thursday morning.

The decision comes nine months after the Marion County Circuit judge's fitness for duty was argued before the court, which has jurisdiction over state judges.

The court opinion stated the Commission on Judicial Fitness and Disability had proven Day was guilty of six misconduct charges.

In 2015, the judicial fitness commission found "clear and convincing evidence" on eight counts of misconduct against Day, including allegations that he allowed Brian Shehan, a man who had previously been convicted of a felony, to access and control guns on at least two occasions in 2013 and 2014, instructed his staff to "inappropriately" screen same-sex wedding applicants and lied to the commission on multiple occasions.

The commission voted unanimously to recommend removing Day from the bench and filed its recommendation with the state Supreme Court.

The Supreme Court completed arguments in June 2017, where Day's attorney Janet Schroer argued that Day's judicial actions involving screening same-sex marriages were bolstered by his First Amendment right to freedom of religion.

She called him a man of integrity and said removing him from the bench would be excessive for his conduct and that a censor would suffice if a punishment is required.

While Day awaited a Supreme Court decision the past nine months, he also has been preparing for his trial on felony gun charges. That is scheduled to begin April 17.

Day was indicted on two felony gun violations and two counts of first-degree official misconduct in November 2016 for allegedly providing the gun to Shehan, a Navy SEAL who participated in the Veteran's Treatment Court that Day presided over.

This story is developing and will be updated.

Email Lauren Hernandez at lehernande@statesmanjournal.com, call 503-399-6743 or follow on Twitter @LaurenPorFavor

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