Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Judge who asked alleged rape victim if she tried to ‘close her legs’ charged with misconduct

‘Do you know how to stop somebody from having intercourse with you?’

Tom Embury-Dennis
Friday 30 March 2018 16:27 BST
Comments
State Superior Court Judge John Russo made the comment during a 2016 hearing
State Superior Court Judge John Russo made the comment during a 2016 hearing (Google Maps)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A judge who asked a woman if she tried to “close her legs” during an alleged rape has been charged with misconduct.

State Superior Court Judge John Russo made the comment during a 2016 hearing in which a woman was seeking a restraining order against a man she accused of forcing her to have sex.

“Do you know how to stop somebody from having intercourse with you?” the judge asked, according to a transcript contained in the complaint alleging judicial misconduct.

When the woman said she did, and that one way was to flee, Mr Russo continued: “Close your legs? Call the police? Did you do any of those things?”

The complaint he “mistreated the victim” is just one of four violations the New Jersey judge has been charged with by the Supreme Court Advisory Committee on Judicial Conduct.

Another allegation says Mr Russo failed to recuse himself from a case involving a couple he acknowledged knowing personally.

“Judge Russo looks forward to a public hearing in which he will be able to respond to the allegations against him,” the judge’s lawyer, David Corrigan, said. “We have respect for the process as well as the advisory committee on judicial conduct, and therefore won’t comment further.”

Mr Corrigan said his client has 20 days to respond to the complaint, but that a hearing was likely to not take place for several months.

Following the hearing, the committee will then advise the state Supreme Court as to what public disciplinary action should be taken, if any.

Mr Russo has been barred from his judicial duties since April last year over a series of separate allegations, according to Asbury Park Press.

Judge Marlene Lynch Ford revealed she barred her colleague from the bench after his law clerk claimed he threw a file at her and accusations he treated litigants badly.

He also refused to take a mental health evaluation ordered by Ms Ford.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in