An ethics committee found the questioning 'egregious given the potential for those questions to re-victimize the plaintiff.'
Superior Court Judge John F. Russo appears for his hearing before a conduct committee in Trenton, N.J., on Oct. 17, 2018. By Michael Brice-Saddler Michael Brice-Saddler General Assignment Reporter Email Bio Follow April 4 at 9:53 PM A New Jersey Superior Court judge could be suspended for three months without pay after asking an alleged sexual assault victim if she tried closing her legs to prevent the attack, according to a court advisory panel.
According to a transcript from the panel’s recommendation, Russo asked the woman, who also claimed the defendant had threatened her life, “do you know how to stop somebody from having intercourse with you?” Russo’s use of hypothetical scenarios, they added, was “unwarranted” and not necessary in determining whether a restraining order should be issued. The judge ultimately denied the woman’s request, according to the committee, invoking her answers to those questions as part of his decision.
But Russo’s offenses didn’t end there, according to the committee. In a conversation with his staff, Russo reportedly spoke flippantly about the case, asking, “What did you think of that? Did you hear the sex stuff?” His comments were “infantile and grossly inappropriate,” the committee wrote. “We have respect for the process as well as the advisory committee on judicial conduct, and therefore won’t comment further,” Corrigan told NBC New York.
Lastly, the panel said, the judge improperly spoke to the mother in a paternity case without the father being present. Russo said his actions violated the Code of Judicial Conduct in the final two allegations, according to the recommendation.
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