Ocean County Superior Court Judge's Conduct Under Investigation

TOMS RIVER, NJ - Superior Court Judge John F. Russo Jr. was put on paid leave back in April after a series of incidents that resulted in him being asked to submit to a mental health evaluation, according to a report in app.com.

Russo refused to take the evaluation and Ocean County Assignment Judge Marlene Lynch Ford took him off the bench.

Ford asked for the evaluation after Russo showed inappropriate behavior in a number of instances, she said in a certification filed on Friday and sealed on Monday.

"There have been several incidents in which Judge Russo made threatening or bizarre statements; exhibited explosive fits of rage; lacked appropriate courtroom demeanor or reasonable legal competence in the field of law assigned to him, and otherwise exhibited extreme emotional immaturity," Ford wrote.

Russo filed a workplace discrimination lawsuit against Ford and Superior Court Judges Madelin F. Einbinder and Wendel E. Daniels. Russo claims in the suit that he has been treated unfairly because he has a disabled son.

He also filed a motion on Oct. 13 asking for a court order to prevent his bosses from keeping him from attending judicial college during Thanksgiving week. Ford filed her 21-page certification in response.

The certification was supposed to be kept confidential until the investigation is over, said Amelia Carolla, one of Russo's attorney

Ford said in her certification that Russo was accused of throwing a file at his law clerk, and asking a sexual assault victim if she tried to prevent the attack by keeping her legs closed. His law clerk had to rearrange chairs around her desk to force Russo to keep his distance from her, Ford said in the certification.

The assignment judge said she and Einbinder, who presides over the Family Division where Russo was assigned, had to counsel him many times about yelling at litigants and calling them liars, making defective rulings not based on legal authority, failing to keep abreast of the law and refusing to communicate with his bosses, according to the report.

"Judge Russo’s conduct and demeanor at times appeared to be bizarre at best and at worst would raise issues of illegal workplace harassment," Ford wrote in her certification.

She noted that Russo had four law clerks assigned to him within a year because three out of the four asked to leave their posts before completing their clerkships. They cited impossible demands, unreasonable hours and demeaning treatment, she said.

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Photo: Patch file photo