On October 22, 2018 the Oregon Department of Justice dropped all charges and dismissed with prejudice the case against Judge Day.
I heard his interview on the Lars Larson Show. The ODJ dismissed the case after a jury was paneled and before open statements began, ending a two year witch hunt by the ODJ, Judicial Fitness Commission and the Oregon State Bar. Judge Day had been dismissed from this Judgeship based on knowingly false allegations against him. The two allegations that got the most press were (1) that he refused to marry gay, lesbian and other couples in the LGBQT community and (2) that Judge Day gave a gun to a felon.”
“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.
From the show and website, “Many judges do not perform weddings at all, and Judge Day decided to make that his policy as well, in the fall of 2014. He instructed his staff to be helpful to those who called seeking a same sex wedding by referring them to other he believes that his First Amendment rights of free exercise of religion, free speech and freedom of association give him an unquestioned right to decline to perform such marriages. Judge Day’s policy does not in any way affect the right of same-sex couples to be married in Marion County, Oregon. Such weddings are readily available to all.”
A weapon was never given to the felon. Judge Day is in the Veteran Rehabilitation Program. Judge Day was assisting a veteran one Sunday and during that time his adult son accompanied him. His son had just bought a hand gun and showed it to the Veteran for a few minutes. Judge Day did not even see it happen. And by the way the felon had been convicted for multiple DUIS, not acts of violence.
From Steve Sherlag & Michael DeMuniz:
“We are gratified that the Oregon Department of Justice finally dismissed this case. It is disappointing that it took nearly two years and an incredible waste of our public funds to reach this result. Judge Day was looking forward to finally receiving a transparent and public airing of the facts, which we believe would have led to an acquittal on all charges. It is unfortunate that the Judicial Fitness Commission proceedings did not have the same safeguards as trial by jury, because if it did, we think they would agree that Judge Day was a thoughtful and caring jurist, dedicated to the citizens of Marion County and all of the participants in the Veterans Treatment Court.”
“It has been an honor and a great privilege to represent Judge Vance Day.”
By contrast Marshall and Christiansen have engaged in or assisted in 17 counts of perjury, the destruction of evidence, multiple counts of felony solicitation for the abuse of a public office, and nothing has been done to them. See my motion for sanctions against Christiansen. defendant’s motion for sanctions.
You can contribute to help pay for the legal fees of Judge Day here.
When Justice Fails 