A New Jersey judge who asked a rape victim if she could have closed her legs and questioned if she “knew how to stop somebody from having intercourse with you” should be suspended for three months, a Supreme Court advisory panel has recommended.

Superior Court Judge John Russo Jr.'s conduct toward the woman in that restraining order case demonstrated "an emotional immaturity wholly unbefitting the judicial office and incompatible with the decorum expected of every jurist,” the review panel wrote in its 45-page recommendation detailing four incidents of misconduct.

The nine-member review panel, however, was split on the length of the suspension. Five members recommended three months, while four recommended six months citing the “severity of this misconduct.” The Supreme Court has scheduled a hearing for July 9 to make a final ruling.

Russo, a family court judge assigned to Ocean County, has been on paid administrative leave since May 2017 before returning to work at in Burlington County civil court earlier this year. He earns a salary of $165,000.

In a response filed last month, Russo argued the complaint contained factual inaccuracies and should be dismissed. He said the comment to the woman didn’t accurately reflect his handling of the matter.

According to a transcript of the hearing, Russo asked her, “Do you know how to stop somebody from having intercourse with you?”

After she explained that she can avoid sexual contact by physically harming someone, Russo pressed her on how she could avoid the situation without physical contact.

" ... To run away or try to get away," the woman said.

Russo responded, "Run away, get away. Anything else?"

"I -- that's all I know," she said.

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

The panel also found that Russo tried 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 for a couple he knew 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.

A former law clerk is also suing Russo for sexual harassment and discrimination.

Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com. Follow him on Twitter @JeffSGoldman. Find NJ.com on Facebook.

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