In re DayAnnotate this Case
The Oregon Commission on Judicial Fitness and Disability filed a formal complaint alleging 13 misconduct counts against respondent, the Honorable Vance Day, involving Oregon Code of Judicial Conduct Rule 2.1; Rule 2.2; Rule 3.3(B); Rule 3.7(B); courteous to litigants); and Article VII (Amended), sections 8(1)(b), (c), and (e), of the Oregon Constitution. After conducting a hearing, the commission filed a recommendation with the Oregon Supreme Court, to the effect that clear and convincing evidence supported a conclusion that respondent had violated multiple rules with respect to eight of the counts, including violations not alleged in the complaint. The commission further recommended that respondent be removed from office. Respondent argued the Supreme Court should have dismissed all or several counts for procedural reasons; that the commission did not sufficiently prove the alleged misconduct; and, in any event, that the only appropriate sanction was a censure. After review, the Oregon Court dismissed two of the eight counts of the complaint that were at issue; the Court declined to consider any violation that the Commission did not originally allege in its complaint. The Supreme Court concluded the Commission proved by clear and convincing evidence that respondent engaged in some of the misconduct alleged in the remaining six counts. The Court suspended respondent, without pay, for three years.