Press statement post-Oregon Supreme Court decision, issued to the media media by the attorneys representing Judge Day in his ethics case.
We are heartened that the Oregon Supreme Court rejected the Judicial Fitness Commission’s recommendation that Judge Day’s judgeship be terminated. We are saddened that a suspension was imposed.
The judicial fitness review process as currently structured lacks neutrality and fundamental due process protections that are afforded to other Oregon litigants. We are disappointed that the Oregon Supreme Court did not resolve the important constitutional issues presented. We are evaluating an appeal to the United States Supreme Court.
It is also disappointing that the Court accepted Mr. Shehan as a credible witness for multiple reasons, including the fact that he refused to appear in person for examination under oath and had an undisclosed inappropriate relationship with Judge Day’s clerk during the critical time frame.
The Court’s suspension overlooks the fact that during the brief time Judge Day discretely declined to perform same sex marriages, the Oregon Constitution prohibited same sex marriage by referendum of the people, and it wasn’t until a year later the U.S. Supreme Court ruled conclusively, determining that the US Constitution prohibits Oregon’s ban on same sex marriages.
Judge Day looks forward to vindicating his position in his upcoming trial where he will have a full and fair hearing, and due process provided.
–Judge Day’s ethics case legal team