The Oregon Commission on Judicial Fitness and Disability said Monday Judge Vance Day should be removed from office after refusing to perform same-sex weddings.

The Commission said Day, a Marion County Circuit Court judge, violated the Oregon Code of Judicial Conduct on eight out of the 13 counts brought against him. The 48-page report accuses Judge Day of “frequent and extensive misconduct” including some that amounts to criminal behavior. That refers to an incident where the Judge knowingly allowed a felon to handle a firearm.

The Commission also said the Judge engaged in “willful, intentional discrimination” for refusing to marry same-sex couples.

The unanimous recommendation doesn’t mean the immediate removal of Judge Day from office. The final decision will come from the Oregon Supreme Court, which may choose to hear additional evidence before making a ruling.

Judge Day and his attorney did not immediately return phone calls requesting comment.