Salem attorney challenging Judge Vance Day in 2018 election

A Salem attorney has announced plans to challenge Judge Vance Day for his seat as a Marion County Circuit Court Judge in next year's election. 

Jon Weiner, the executive director of the Marion County Association of Defenders,said his 10-year stint as a part-time pro tem judge with Salem Municipal Court fueled his interest in running for the seat. But Day's looming criminal charges boosted Weiner's desire to run.

"It is harmful and distracting to the Marion County justice system and legal community, and runs counter to the best interests of the people of Marion County overall," Weiner said. "It’s time for a change.”

Day is facing two felony gun violations and two counts of first-degree official misconduct for allegedly allowing Brian Shehan, a convicted felon and Navy SEAL who participated in the Veteran's Treatment Court that Day presided over, to possess and control guns on at least two occasions in 2013 and 2014.

In 2016, the Commission on Judicial Fitness and Disability found "clear and convincing evidence" that Day allowed Shehan to possess a gun and instructed his staff to  "inappropriately" screen same-sex wedding applicants. The commission voted unanimously to recommend removing Day from the bench. He is challenging that recommendation in the Oregon Supreme Court.

"The problem as I see it has nothing to do with Judge Day personally," Weiner said. "The problem is that the situation that has arisen around Judge Day, and the non-partisan position he occupies, has made his continued service untenable."

Michael Paul De Muniz, Day's attorney, said he could not comment on whether Day plans on running to keep his seat.

Weiner said he doesn't want Day's charges to overshadow his bid for the bench, but he did say Day's alleged conduct has caused turmoil among the legal community in Marion County for the past couple years. 

"It has been polarizing," Weiner said. "This whole thing has brought on an inflammatory flavor."

He plans on filing his candidacy Sept. 10, the first day he's able to file for the seat.

There are one of two outcomes for the election of nonpartisan offices such as a statewide judicial office and circuit court judges.

A candidate may be elected during the primary election in May if they receive at least 50 percent plus one vote. If one candidate does not receive a majority of votes during the primary election, the top two candidates will move forward to the general election in November, according to the Secretary of State website.

Weiner said it is unusual for a candidate to run against a sitting judge, especially for Marion County, where the legal community is more intimate in comparison to larger counties. 

He said he intends to campaign in all Marion County communities.

He has been on the board of directors for the Mid-Willamette Community Action Agency for the past year and a half and said he's learned the importance of serving people and giving under-served communities a voice.

"I love being a judge," Weiner said. "It's time for a new chapter."

Day is scheduled for a twelve person jury trial starting on Tuesday, November 7 at 8 a.m. with Judge Julie Frantz.  

For questions, comments and news tips, email reporter Lauren Hernandez at lehernande@statesmanjournal.com, call 503-983-6030 or follow on Twitter @LaurenPorFavor

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