Vance Day
Vance Day was a judge of the Oregon 3rd Judicial District Circuit Courts. He assumed office in 2011. He left office in 2018.
Day ran for election for the Position 3 judge of the Oregon Court of Appeals. He lost in the primary on May 17, 2022.
Day completed Ballotpedia's Candidate Connection survey in 2022. Click here to read the survey answers.
Day was appointed to the 3rd Judicial District by Governor John Kitzhaber (D) in August 2011.[1] In March 2018, the Oregon Supreme Court suspended Day without pay for three years following an ethics investigation. As a result of the suspension, Day did not serve out the remainder of his term and was barred from seeking re-election to the bench until his suspension expired.[2]
Biography
Vance Day was born in Portland, Oregon. Day received a bachelor's degree in social science/education from Warner Pacific College in 1984 and a J.D. from the Willamette University College of Law in 1991. His career experience includes working as of counsel for the James Madison Center for Free Speech and an attorney in private practice. He served as the chairman of the Oregon Republican Party from 2005 to 2009. He has been affiliated with the Oregon State Bar, the Boy Scouts of America, and the Promise Keepers.[3][4]
Elections
2022
See also: Oregon intermediate appellate court elections, 2022
Nonpartisan primary election
Nonpartisan primary for Oregon Court of Appeals Position 3
Incumbent Darleen Ortega won election outright against Vance Day in the primary for Oregon Court of Appeals Position 3 on May 17, 2022.
Candidate | % | Votes | ||
| ✔ | Darleen Ortega (Nonpartisan) ![]() | 62.2 | 547,660 | |
Vance Day (Nonpartisan) ![]() | 37.5 | 330,454 | ||
| Other/Write-in votes | 0.3 | 2,473 | ||
| Total votes: 880,587 | ||||
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Endorsements
To view Day's endorsements in the 2022 election, please click here.
2012
- See also: Oregon judicial elections, 2012
Day was elected after running unopposed in November 2012.[5]
Campaign themes
2022
Video for Ballotpedia
| Video submitted to Ballotpedia Released April 29, 2022 |
Ballotpedia survey responses
See also: Ballotpedia's Candidate Connection
Vance Day completed Ballotpedia's Candidate Connection survey in 2022. The survey questions appear in bold and are followed by Day's responses. Candidates are asked three required questions for this survey, but they may answer additional optional questions as well.
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- Equality: It is my firm belief that our laws should be applied to all people in all places at all times equally. Novel legal theories to the contrary must not corrupt the fundamental promise of equal justice under the law. Our justice system must never become a political punishment and reward system used to increase the power and control of ruling political elites.
- Freedom: It is my heartfelt conviction that government in a civil society under our Constitutions exists to respect and preserve our freedoms, not to erode or cancel them in favor of short-term administrative convenience or corrupt political gain.
- Rule of Law: Every citizen has the right to expect that our Constitution and the laws that operate within it mean what they say and don’t mean what they don’t say in a concrete way and that these laws enacted by the People’s elected representatives prevail over the arbitrary and occasionally capricious whims of temporary elected officials. One look no further than our state’s largest city to see what it looks like when the Rule of Law is subverted by rising lawlessness while average citizens feel helpless rampant crime, anarchy, violence, destruction, and intimidation by politically favored groups.
Both Douglas and King understood that each human being was of ultimate value because the imago Dei is deep inside each of us. They regarded each human as unique and worthy to be treated with respect, dignity, and equality, regardless of their background, nationality, race, or sex. If we follow the example and the message of Douglas and King, we could revolutionize our culture and the legacy of liberty we leave to those who follow.
First, being an American is a privilege for which no sacrifice is too great. Thomas Paine said, “Those who expect to reap the blessings of freedom must like men undergo the fatigue of supporting it.” The men of Easy Company set an example by defending the liberty on which our nation was founded. As Buck said, “I consider three years and a wound a small price to pay for the privilege of being born in America.”
Second, your “band of brothers” makes all the difference. Easy Company fought desperate battles against fearsome odds by drawing strength and encouragement from one another. Seemingly ordinary people can band together and summon each other to a level of success they never dreamed possible. More than ever, we need to band together in public service for our state.
- The ability to master the law, the facts of the case, and the implications of a decision. Undergirding this must be the humility to learn continually and listen conscientiously.
- The ability to work collegially, constructively, and respectfully with other judges, attorneys, plaintiffs and defendants, and staff.
- The ability to communicate clearly and unambiguously both orally and in writing.
- The ability to work hard and for the long haul.
- A deep respect and deference for the rights and freedoms of the individual to self-govern while adhering to the principles of individual accountability and personal responsibility under the law.
- A sincere desire to listen to and understand citizens' concerns regarding the preservation of their liberty under our Constitutions.
- Uphold the rule of law and separation of powers as intended by our Founders.
- Promote equality before the law for all.
- Respect individual freedom.
- Ensure our system of justice is not weaponized for political purposes either against victims of crime, law-abiding citizens, or criminal defendants,
This simple exercise of constitutionally protected freedom of conscience in no way prevented same-sex couples from being married. However, political activists within our legal and governmental system unleashed a firestorm of false charges against me which centered around my Veterans’ Treatment Court and a Navy SEAL who participated in our program. His multiple DUI convictions made him a felon.
The SEAL briefly handled an unloaded gun while I was in the same room attempting to repair his pellet stove. I self-reported the unloaded gun incident. When the Oregon Commission on Judicial Fitness and Disability came down to investigate, a colleague falsely reported to the commission that I discriminated against gays and lesbians.
The commission took action. I knew I had done nothing wrong, so I decided to fight back, which resulted in nearly four years of litigation and over $1 million dollars in legal fees. The political power structures then launched a vicious but unsuccessful attack to drive me from the bench, cancel my law license, strip me of his possessions, ruin my reputation and even have me convicted for crimes that never occurred.
In Oct. 2018, the State’s criminal case was dismissed, and the house of cards constructed against me collapsed from the weight of its own preposterousness.
The first level is the circuit court. It's the trial court. It does everything from death penalty to divorce, constitutional to contracts, everything in between. Trial judges are like the referees on the football field, they'll throw flags and call penalties. They manage the trial process.
But the two courts above the circuit court are the most important courts in this state. The Court of Appeals has “mandatory jurisdiction,” meaning every single appeal that happens, whether civil or criminal (with the exception of a few little categories), must go to the Court of Appeals. The Court of Appeals has to consider every single case. If you knock on the Court of Appeals door, and they have to open it and make a ruling.
The court above that, the Supreme Court of the State of Oregon, is a discretionary court, meaning they can pick and choose the cases they consider. They focus on cases where there’s confusion in the law.
I am committed to being fair and impartial, putting facts ahead of my personal opinions. This is vital because America is a nation of laws—not personal preferences. The law must be applied to all people, in all places, at all times, in the same manner. In other words, the rule of law does not mean “rules for thee, but not for me.” Those who swear an oath to the Constitution and then use their office to diminish, distort, or even discard the Constitution violate their oath and harm the people the Constitution is designed to protect.
I believe that a judge’s role is limited. This is vital because one of the purposes of the judiciary is to be a check against the excesses of the other two branches of government — the Executive and the Legislative — not a substitute for them.
I believe judges should never make up the law. This is vital to prevent “outcome-oriented decisions” coming from judges who have first decided what the ruling should be and then twist and manipulate the law to justify their opinion. Original constructionists like myself approach the law entirely differently: the law must justify the decision—never vice versa.
Buck’s D-Day began early on the morning of June 6, 1944. As the green light glowed, a young second lieutenant shuffled up to the door of the C-47 and leaped out into the darkness. By day’s end, Lt. Compton and his company would engage dug-in German paratroopers, superior in number and equipment, defeat them and assist in destroying four 105 mm cannons hammering American infantry on Utah beach. For his bravery and leadership under fire, he was awarded the Silver Star, the third-highest personal decoration for valor in combat.
Buck’s heroism didn’t end when he returned to his hometown of Los Angeles. After the war, Buck went on to finish his degree at UCLA. While working as a detective for the LAPD, he completed law school and passed the California Bar. Even though Buck had a law degree, he stayed on the police force.
Eventually, Buck was recruited as a prosecutor for Los Angeles County and worked his way up to chief deputy prosecutor. In 1969, he convicted Sirhan Sirhan for the assassination of Senator Robert Kennedy. In 1970, Governor Ronald Reagan appointed him to the California Court of Appeals, where he served until his retirement in 1990.
I met Buck back in 2000 as a result of producing a documentary on that battle, and we developed a friendship that lasted until his death in 2012. We traveled together for ten years all through North America and Europe, even lecturing on leadership and history at the White House and before Members of Congress.
First, empathy comes from the crucible of life. I have worked as a tradesman, a journalist, a businessman, a trial attorney, a professor, the head of an NGO, and a Veterans’ Court judge. I also know what it’s like to have the boot of the government on my neck as a criminal defendant.
From these experiences, I understand:
- The need for all sides to be fully heard.
- The need for the process to be transparent and understandable.
- The need for justice to prevail—and the devastation when it doesn’t.
- The need for rapid outcomes. For all too many, justice delayed is justice denied.
- The anger that can occur when a system that is supposed to result in justice instead sides the party with the deepest pockets and the most time to grind down the other side.
- The decisions made as an appellate judge not only impact the case before me but multitudes of other cases.
It allows me to apply the law to consequential issues with enduring impact. As my mentor, the late judge Buck Compton of Band of Brothers fame, observed, “The Courts of Appeal issues written opinions, which are published in law books and serve as precedents in future cases. Because the Supreme Court only takes a limited number of cases, the Courts of Appeal has the last word in 90% of all cases.”
My legal philosophy is not represented on the court. Democracy is rooted in the belief that in a free marketplace of ideas, the best ideas win. Right now, there is a remarkable lack of diversity of judicial philosophy in the Court of Appeals. If elected, I will be the only “strict constructionist” on the Court of Appeals. My perspective will strengthen the Court of Appeals.
Oregonians are asking, ‘What happened to Portland?’ When you step away from the rule of law and move into a paradigm of rule by “who deserves what,” the binary choice of oppressor or oppressed supplants the rule of law with the rule of people. America is a free constitutional republic because it is a nation of laws. And laws should be applied equally to all people in all places at all times in the same manner. When a government like Portland stopped applying the law equally and allowed 110 days of riots to occur, they aided and abetted lawlessness. Our state is looking for a judge who believes that the law should be applied equally to all people, in all situations, no matter what.
It can be helpful for a judge to have previous experience in government because it can give them a better understanding of how government actually works, which in turn can help them be effective in applying the laws to government.
The reality in today’s Oregon is vastly different. We have governors who issue orders, gridlocked legislators who can’t make laws, and a judiciary who, unconcerned with the original intent of laws, uses the law as a pretext to impose their own vision of America.
What does that look like? Go to the boarded-up Justice Center in downtown Portland over by the tents and see for yourself. It’s the building with the quote from George Washington enshrined at the entrance: “The due administration of justice is the firmest pillar of good government.”
Oregon is experiencing what happens when “the due administration of justice” is set aside:
- One set of laws for the elite and the entitled while average, hardworking Oregonians are held to a different, harsher standard.
- The erosion of the liberty to think and speak and live and worship according to your conscience.
- Justice centers boarded up, tents going up, and statues coming down.
Those who swear an oath to the Constitution and then use their office to distort the Constitution or use it as a document they can easily manipulate, violate their oath and do harm to the people which the Constitution is designed to protect.
Our legal system must also be diligent. The Oregon Court of Appeals was created in 1969 to essentially be an “adjudicative” court. It was designed to adjudicate and give the people a timely decision. Currently, the backlog of cases and the time it takes to issue an opinion is harmful to the litigants and the public.
Since my opponent was appointed many years ago by the governor and yet has presented herself in each election as the “incumbent,” I have pledged to serve out my term and not resign before serving my entire 6-year term.
Note: Ballotpedia reserves the right to edit Candidate Connection survey responses. Any edits made by Ballotpedia will be clearly marked with [brackets] for the public. If the candidate disagrees with an edit, he or she may request the full removal of the survey response from Ballotpedia.org. Ballotpedia does not edit or correct typographical errors unless the candidate's campaign requests it.
Noteworthy events
Allegations of ethics violations (2015)
On September 8, 2015, the Oregon Commission on Judicial Fitness and Disability announced several ethics violation charges against Judge Vance Day. The charges included permitting a veteran convicted of a felony to handle firearms, screening or having his staff screen wedding applicants for whether they were same-sex applicants, and hanging a picture of Adolph Hitler in the Marion County Courthouse.[6]
In his 44-page response to the allegations, Day denied any wrongdoing and said the commission was targeting him for his "firmly held religious beliefs rooted in the Judeo-Christian tradition that defines marriage as between a female and a male."[7] The judge stated he had forgotten about the veteran's felon status when allowing him to handle family firearms. He confirmed he had asked his staff to redirect same-sex marriage applicants to other judges because it conflicted with his religious beliefs, which was in accordance with Oregon state law. Day explained that the painting of Hitler was one of three paintings he had hung to emphasize how a liberal democracy overcame fascism.[7][8][9]
- Read Judge Day's response to all of the allegations against him in full here.
The Oregon Commission on Judicial Fitness and Disability conducted a hearing from November 9, 2015, through November 20, 2015. On January 25, 2016, the commission announced its recommendation that Day be removed from office.[10][11]
- Read the Commission on Judicial Fitness and Disability's full recommendation here.
Day appealed the commission's findings before the Oregon Supreme Court. The case was argued before the court on June 14, 2017. The court issued its ruling in March 2018, suspending Day without pay for three years.[12] [13] [2]
Indictments (2016)
In November 2016, a grand jury indicted Day of two counts of illegal possession of a firearm by a felon and two counts of first-degree official misconduct in relation to the two incidents where he allowed the man with a felony conviction to handle a gun.[14]
See also
2022 Elections
External links
Footnotes
- ↑ The Statesmen Journal "Governor fills judicial vacancies," August 4, 2011
- ↑ 2.0 2.1 OPB, "Oregon Supreme Court Suspends Marion County Judge Vance Day Without Pay For 3 Years," March 14, 2018
- ↑ LinkedIn, "Vance Day," accessed June 20, 2017
- ↑ Information submitted to Ballotpedia through the Candidate Connection survey on April 29, 2022
- ↑ Oregon Secretary of State, "2012 Official General Election Results," accessed September 9, 2015
- ↑ Oregon Live, "Commission on Judicial Fitness and Disability Release on Hon. Vance Day," September 8, 2015
- ↑ 7.0 7.1 NBC News, "Oregon Judge Who Won't Perform Same-Sex Marriages Hit With Ethics Counts," September 9, 2015
- ↑ CBS News, "Judge who refuses to perform same-sex marriages faces new allegations," September 9, 2015
- ↑ Oregon Live, "Hitler picture among new allegations facing judge under fire for gay marriage stance," September 8, 2015
- ↑ Oregon Live, "Judicial fitness hearing concludes for Oregon Judge Vance Day, who refused to marry same-sex couples," November 20, 2015
- ↑ Oregon Live, "Judge Vance Day should be ousted from job, in part for refusing to marry gays, commission says," January 25, 2016
- ↑ Oregon Live, "Despite scathing report, Judge Vance Day will fight for job at state Supreme Court hearing," January 28, 2016
- ↑ Statesman Journal, "Judge Vance Day's judicial fitness case goes before Oregon Supreme Court," June 14, 2017
- ↑ Statesman Journal, "Marion County Judge Vance Day indicted on gun, misconduct charges," November 18, 2016
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Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Oregon • U.S. Bankruptcy Court: District of Oregon
State courts:
Oregon Supreme Court • Oregon Court of Appeals • Oregon Circuit Courts • Oregon Tax Court • Oregon County Courts • Oregon Justice Courts • Oregon Municipal Courts
State resources:
Courts in Oregon • Oregon judicial elections • Judicial selection in Oregon

