N.J. judge lenient to teen in rape case is off the bench

PHILADELPHIA — A New Jersey judge who prompted national outcry for granting leniency to a teenager accused of sexual assault — specifically, that he cited the boy’s “good family” and high test scores — will no longer sit on the bench.

Monmouth County Superior Court Judge James G. Troiano had retired in 2012 but continued working as a “recall” judge to fill vacancies on the bench. On Wednesday, the New Jersey Superior Court granted Troiano’s request to end his recall service. A courts spokesman said the judge wouldn’t comment further.

The state Supreme Court, in an order Wednesday, also stated it would begin “formal removal proceedings” to oust Superior Court Judge John F. Russo Jr., who in 2016 asked an alleged rape victim if she kept her legs closed. The Court suspended Russo without pay in the meantime.

A third New Jersey judge who came under fire for comments she made while hearing a child sexual assault case, Judge Marcia Silva, is the target of a complaint filed by four state senators with the Advisory Committee on Judicial Conduct.

In a statement Wednesday, New Jersey state Supreme Court Chief Justice Stuart Rabner announced that he has directed court administration to develop “an enhanced training program” for judges of the municipal, superior, and supreme courts focused on sexual assault, domestic violence, implicit bias, and diversity. A working group of 12 judges from across the state will develop the program.

“Victims asked to relive harrowing experiences are entitled to the utmost sensitivity and respect from law enforcement and the court system,” Rabner wrote. “The State Constitution guarantees that right as well. So do basic principles of human decency. Every effort must be made not to revictimize a victim.”

Troiano’s comments set off outcry nationwide and he faced calls for removal from top state officials, including from state Senate president Steve Sweeney. There was also some discussion of impeachment proceedings.

The judge made the comments last year while he was weighing a request to charge as an adult teenager who was accused of sexually assaulting a girl and filming it. According to the Appellate Division of the Superior Court, which overturned his ruling to keep the boy in the juvenile system, the judge had expressed concern that prosecutors hadn’t explained to the accuser and her mother the effect that moving the boy to adult court would have on his life.

“This young man comes from a good family, who put him into an excellent school where he was doing extremely well,” Troiano said, according to the appellate court opinion. “He is clearly a candidate for not just college, but probably for a good college. His scores for college entry were very high.” The judge also detailed the boy’s extracurricular activities, including noting that he is an Eagle Scout.

Troiano also differentiated the alleged assault from a “traditional case of rape,” which he described as “generally two or more” males using a weapon and “clearly manhandling a person” into an “abandoned” area.