A family court judge in Ocean County testified Wednesday that when he told an alleged rape victim during a hearing that she could have avoided forced sexual contact by "closing her legs," it was meant to nudge her to come forward with additional details about the incident.

Judge John F. Russo Jr., who earns a salary of $165,000, was placed on paid administrative leave on May 18, 2017, and is now facing four counts of judicial misconduct.

He had a chance to respond to the allegations lodged against him at a hearing before the Advisory Committee on Judicial Conduct in the Richard J. Hughes Justice Complex in Trenton. The committee is appointed by the Supreme Court, which, in turn, based on the committee's findings and its own review, can sanction a judge in ways ranging from a reprimand to removal from judicial office.

On May 16, 2016, a man and a woman who had been in a relationship for 11 years appeared before Russo for a final restraining order hearing. The woman alleged the man "forced her to have sex with him against her will" on March 24, 2016, according to the complaint filed against Russo.

Russo began questioning the woman about the incident, and at some point asked her, "Do you know how to stop somebody from having intercourse with you?" according to a transcript of the hearing, which was included in the complaint filed against the judge.

The woman explained to Russo that she could do that by running away or physically harming the person somehow.

Russo suggested, "Block your body parts? ... Close your legs? Call the police? Did you do any of those things?"

In Wednesday's hearing, Russo testified before the committee that he was trying to get the woman, who he felt was holding back facts, to come forward with more specific details of the incident.

"It was in an effort not to suggest that she should have done any of these things," he explained. "These were the things that came to my mind in the moment that might get her to start testifying. And, as a matter of fact, it worked to some extent because she did. She gave more details."

Russo said the woman was making "blanket statements" and it was his job to be a "fact-finder."

After the 2017 hearing, Russo had a meeting with Assignment Judge Marlene Lynch Ford about the comments and how his questioning had a prosecutorial tone. He told the committee that it was after that meeting he realized how his comments could have been misconstrued.

If he could do it differently, Russo said Wednesday, he would not ask specific questions about how a rape victim could prevent such an incident.

But, he conceded, "I'm still somewhat torn as to how far do you go in trying to get somebody who can be traumatized who has no help, who is pro se (self-represented), testifying as to what really happened. So that is something I still need to think about."

"The intent was not to humiliate or embarrass her," he continued. "It was to try to get her to react to something I was suggesting and say, 'that didn't happen, but I did this.' As a matter of fact, that is what she started to do."

Russo is also accused of trying to use his position as a judge to rearrange the schedule of a personal family court matter in Burlington County, and failing to recuse himself from a case involving alimony payments in which he knew the couple from high school. In that case, Russo reduced a payment owed for spousal support from $10,000 to $300.

The fourth count against Russo is that he called a mother to see if she complied with a paternity test without the father present on the call.

Russo denied any wrongdoing during his hours-long testimony before the committee.

The hearing ended before Russo could be cross-examined by Maureen G. Bauman, an attorney representing the advisory committee.

It will continue on a future date that was not decided on Wednesday.

Russo, 56, of Toms River, is the son of the late state senator John F. Russo Sr. The elderly Russo, a well-known Democrat from Ocean County, died in August 2017 at the age of 84.

Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.

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