Judge John F. Russo appears for a disciplinary hearing before the New Jersey Supreme Court July 9, 2019 in Trenton, N.J. Photo: Joe Lamberti/Camden Courier-Post via AP, PoolFormer Superior Court Judge John Russo, who was removed from the bench last month over his insensitive remarks to a sexual assault victim, has been ordered to pay $250,000 to settle a sexual harassment lawsuit filed by his former law clerk.
The Attorney General’s Division of Law balked at paying the settlement to Valisha Desir because the agreement said the payment was compensation for her “personal physical injury and personal sickness.” But Monmouth County Assignment Judge Lisa Thornton rejected Russo’s argument, finding ample evidence the state’s outside counsel for Russo in the case, Susan Volkert, agreed to that language.
Thornton granted Desir’s motion to enforce the settlement after concluding Volkert, of Decotiis, Fitzpatrick, Cole & Giblin, was authorized to negotiate terms on Russo’s behalf.
Russo was removed from the bench May 26 for a pattern of misconduct and unethical behavior, most notably for a March 2016 hearing that provoked public outrage. That case involved an unrepresented female litigant seeking a final restraining order against a man who she said raped her.
After defense counsel asked the woman if she had ever worked as an exotic dancer, Russo inappropriately interjected himself and asked her if she tried to “run away,” “block[ed her] body parts,” “close[d] your legs,” or called for the police.
In the sexual harassment case, Desir accused Russo of regularly invading her space by placing himself in unusually close proximity to her and ignoring her requests to stop such behavior. Desir also described an incident where Russo called her into his office, where he was sitting with his legs spread wide open. She stood about five feet from where he was sitting, but he repeatedly asked her to come closer, the suit claims. When she declined, he became irate and told her to “get out of here,” the complaint said.
The events took place after she became his clerk in January 2017.
The settlement was reached with assistance from former Superior Court Judge Eugene Codey, now with Connell Foley in Roseland, Thornton said. The state argued that the settlement terms were never reduced to writing and signed, but Thornton said the email exchange between lawyers on the case met the requirements of case law.
“The court can only conclude that after agreeing to the terms, someone, either the assigned attorney or a supervisor, had buyer’s remorse. The email exchange between counsel included all the elements of a valid contract and enforceable settlement,” Thornton said.
Neil Mullin of Smith Mullin in Montclair, who represented Desir, said the agreement was “a good settlement” for his client and that she “wants to get on with her life.” He said the attorney general’s apparent attempt to revoke approval of the settlement was “almost embarassing,” adding, “lawyers’ words have to mean something.”
Defense lawyer Volkert and the Attorney General’s Office could not be reached after hours Monday.
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