NJ Judge Removed For “Repeated And Serious Acts Of Misconduct,” Told Victim To “Close Your Legs.” Disgusting and Unacceptable.
May 28th 2020
Judge Gavel (CC0 Public Domain)
By Aysha Quamar
Last year, two New Jersey judges received criticism for comments they made during separate rape cases on the bench in 2016. Both judges made inappropriate comments supporting perpetrators and belittling victims of sexual assault. In July, the New Jersey Supreme Court said it was in process of deciding the fate of both judges, including Ocean County Superior Court Judge John Russo Jr., who asked a woman if she “closed [her] legs” to avoid being raped.
On Tuesday, the state court acted true to its word. The court removed Russo from the bench and permanently barred him from ever presiding over a courtroom again. According to the Associated Press, the decision—which was made unanimously—cited “repeated and serious acts of misconduct” by the judge. Chief Justice Stuart Rabner wrote that Russo’s comments make Russo unfit to preside over domestic violence or sexual assault cases. In July 2019, the justices had recommended firing Russo from the bench; a three-judge panel agreed in January, the AP reported.
Last summer, the court immediately suspended Russo without pay pending a panel that would recommend a punishment to the state Supreme Court, NJ Advance Media reported. As a result of Russo’s actions, Rabner requested all courts implement training programs for judges and state employees. “Every effort must be made not to re-victimize a victim,” Rabner wrote. “Sexual assault is an act of violence. It terrorizes, degrades, and induces fear in victims. Without question, it is a most serious matter in which fault lies solely with the perpetrator, not the victim."
While Russo reportedly expressed remorse at his comments and claimed his words were poorly articulated, his non-apology was not only not enough to make up for the trauma he inflicted on the victim—it was a clear indication of his fear of the consequences resulting from his actions. “Do you know how to stop somebody from having intercourse with you?” he asked a woman requesting a restraining order in 2016. When the woman answered yes, Russo further asked the victim whether she could “block your body parts” or “close your legs” while questioning her reaction to her assault. Court reports also indicated that Russo joked about the exchange to court staffers once the woman left the courtroom.
In December, he even argued that the Supreme Court’s penalty was excessive because last year, he was recommended for a three-month suspension. In April 2019, an advisory panel for the state court recommended Russo be suspended and wrote that his conduct demonstrated "an emotional immaturity wholly unbefitting the judicial office and incompatible with the decorum expected of every jurist” in its 45-page recommendation detailing four incidents of misconduct, NJ Advance Media reported.
Last year, New Jersey Gov. Phil Murphy praised the state Supreme Court for its response and for upholding the judiciary’s values. “New Jersey’s judiciary has long been held up by observers across the nation as a model for other states," Murphy said. “Unfortunately, the inexcusable actions of several judges over recent months have threatened this reputation for thoughtful and reasoned opinion, and common decency.”
Russo’s comments were not only inappropriate in nature; they highlight a culture of victim-blaming that often discourages survivors of sexual violence from seeking justice. Sexual assault cases are highly underreported and rarely even make it to court, which means it’s especially important that such a culture not be present in our judiciary system. According to data compiled by the Rape, Abuse & Incest National Network (RAINN), three out of four cases of sexual assault go unreported. This means only 230 out of every 1,000 sexual assaults are reported to the police; even fewer cases make it to trial.
Victim-blaming and invalidating the experience a survivor has had is blatantly wrong. Survivors of abuse should not be questioned about how they reacted and why they reacted in such a matter. A perpetrator should not be let go because of their familial background or the misconception that they “come from a good family.” Rape does not discriminate—it can happen to anyone. Our justice system needs to respect and acknowledge the resilience survivors demonstrate by speaking up. The court’s decision to bar Russo is not an overreaction—it’s the appropriate consequence for someone in his position. No one should mock the trauma faced by a survivor, especially not a judge.
Posted with permission