'Close Your Legs' Judge in NJ Sex Case Faces Suspension - NBC10 Boston
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'Close Your Legs' Judge in NJ Sex Case Faces Suspension

"Close your legs? Call the police? Did you do any of those things?" he allegedly told a woman who said she was forced to have sex

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    'Close Your Legs' Judge in NJ Sex Case Faces Suspension

    An ethics committee has recommended an unpaid suspension for a judge accused of making an improper comment to a sex assault victim. (Published Thursday, April 4, 2019)

    An ethics committee has recommended a three-month, unpaid suspension for a judge accused of making an improper comment to a sex assault victim

    The committee released its recommendation Wednesday in the case of Superior Court Judge John Russo. The woman appeared before Russo in 2016 seeking a restraining order against a man who she claimed forced her to have sex.

    According to a transcript contained in the judicial board's complaint, when the woman described her encounter with the man, Russo asked her, "Do you know how to stop somebody from having intercourse with you?"

    When the woman answered affirmatively and said one method would be to run away, Russo continued, "Close your legs? Call the police? Did you do any of those things?"

    The judicial board complaint alleged Russo "mistreated the victim."

    In court filings and at a hearing, Russo has disputed the allegations and said he was seeking more information and wasn't trying to humiliate the woman. 

    A message seeking comment about the committee's recommendations was left with Russo's lawyer.

    Russo's conduct "was not only discourteous and inappropriate, but also egregious given the potential for those questions to re-victimize the plaintiff," the panel wrote Wednesday.

    The panel also concluded Russo violated rules of conduct on other occasions, including when he ruled on an alimony case in which he acknowledged he knew both parties.

    In that case, according to the complaint, Russo reversed an order by another judge who had issued a bench warrant for the man unless he paid $10,000 in back alimony. Russo ultimately reduced that to $300.

    In addition to the suspension, the panel recommended that Russo be required to attend training on "appropriate courtroom demeanor."

    Russo will have a chance to respond to the panel's recommendation in advance of a final hearing on the matter in July.