Complaint: Judge Russo broke rules, asked rape victim if she kept her legs closed

TRENTON - Superior Court Judge John F. Russo Jr., barred from the bench in Ocean County and suing his bosses in federal court, has now been charged in a complaint alleging he violated the state code of judicial conduct.

The Supreme Court Advisory Committee on Judicial Conduct charged Russo Monday with four violations alleging breaches of the code.

One of the allegations said Russo was discourteous to and mistreated an alleged rape victim who was seeking a restraining order by asking her, among other questions, if she kept her legs closed.

Another allegation alleged Russo attempted to use his judicial office to influence scheduling of a personal legal matter he had pending in Burlington County.

A third allegation said Russo failed to recuse himself in a spousal support matter involving a couple with which he acknowledged having a personal relationship.

The final allegation accused Russo of improperly having communications with only one of two parties to a paternity matter he presided over.

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"We are pleased that Judge Russo will have a public hearing regarding the allegations which have been raised against him," said Keyport attorney David F. Corrigan, who represents Russo.

"We have respect for both the Advisory Committee on Judicial Conduct, as well as the process," Corrigan said. "Therefore, we don't believe it would be appropriate to have any further comment, pending the hearing."

Corrigan said Russo has 20 days to respond to the complaint before a public hearing is scheduled. He remains on paid administrative leave, Corrigan said.

Following the hearing, the judicial conduct committee will advise the state Supreme Court of its recommendation as to what, if any, public disciplinary action should be taken against Russo. Only the Supreme Court can publicly discipline a judge. Discipline can range from public reprimand or censure to suspension or dismissal.

Russo was barred from his judicial duties last April and was later placed on paid administrative leave from his $165,000-a-year seat on the bench after he refused to submit to a mental-health evaluation ordered by Ocean County Assignment Judge Marlene Lynch Ford. Ford revealed in a court filing last year that among the reasons she barred Russo from the bench was because his law clerk claimed he threw a file at her and also that he treated litigants poorly.

After Ford barred him from the bench, Russo filed a workplace discrimination lawsuit in federal court against Ford and Superior Court Judge Madelin F. Einbinder, who presides over the Family Division in Ocean County where Russo was assigned. Superior Court Judge Wendel E. Daniels, another of Russo's superiors in Ocean County, was also named in the pending civil suit, but has since been dropped from it.

Russo is a former mayor of Toms River and the son of the late former state Sen. John Russo Sr., who served as Senate president and was a political mentor to Ford. Russo was appointed to a seven-year term on the Superior Court bench in 2015, after serving almost six years as an administrative law judge.

He claims in his pending civil suit against Ford and Einbinder that he has been discriminated against because he has a disabled son.

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The judges named as defendants in the suit are constrained by the judicial conduct code from commenting on the allegations against them. But Ford, in a court filing in response to a motion by Russo seeking to be allowed to attend judicial college last November, detailed her reasons for removing him from his judicial duties.

Ford, in the court certification that has since been sealed, said Russo made threatening or bizarre statements, exhibited explosive fits of rage and "extreme emotional immaturity," including the display of a "poop emoji" in his chambers. She also said in the court filing that Russo made comments to his clerk about her appearance that were unprofessional and sexist.

It was after Russo's clerk alleged he had thrown a file at her that Ford barred Russo from returning to his courtroom until he underwent a mental-health evaluation with a satisfactory report, Ford said in her court certification last year.

An answer to Russo's lawsuit filed on behalf of Ford and Einbinder in February also revealed that Russo allegedly threatened to mace an attorney and later apologized for it.

Russo's treatment of the rape victim, whom he asked whether she closed her legs, was also mentioned in Ford's court certification last year.

The advisory committee's complaint said the victim was seeking a final restraining order against a person who physically and verbally abused her, disabled her car and left her stranded, threatened to burn down her house, stole from her, threatened to take their daughter away and forced her to have sex with him against her will.

The complaint outlined a series of questions Russo asked the woman about what steps she took to try to prevent the unwanted sex, including inquiring if she closed her legs.

The complaint said Russo assumed the role of defense counsel in asking irrelevant questions of the woman, and that his treatment of her was discourteous.

It said Russo reduced another judge's order for payment of spousal support arrears from $10,000 to $300, while acknowledging a personal relationship with the couple and familiarity with the husband's business.

Russo's acknowledgment of the relationship with the couple and comments about the husband's business "created the appearance of a conflict of interest" that required Russo's recusal from the matter. By not recusing himself, Russo "impugned the integrity and impartiality of the judiciary," the complaint said.

The complaint accused Russo of violating seven different canons of judicial conduct or court rules, including one that "requires judges to be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals with in an official capacity."

Kathleen Hopkins: 732-643-4202; Khopkins@app.com