After Rape Decision, Middlesex Senators Want Judge Silva Removed

MIDDLESEX COUNTY, NJ — Four Middlesex County state senators, all Democrats, want the New Jersey State Senate to not only investigate Middlesex County Superior Court Judge Marcia Silva, but also remove her from her seat.

Silva is the Middlesex County judge who ruled that a 16-year-old boy should not be tried as an adult for sexually assaulting a 12-year-old girl. She's now catching heat for her decision, at the same time a judge in Monmouth County, Superior Court Judge James Troiano, is also being heavily criticized for deciding a 16-year-old accused of rape should not be tried as an adult.

Silva is a Republican. She is a former Middlesex County assistant prosecutor, and was appointed as a judge in Middlesex County in 2013, by then Gov. Chris Christie. She previously ran for state Assembly and lost. She lives in South River and is married to the former mayor of East Brunswick, also a Republican.

This past Friday, July 5, Middlesex County Senator Bob Smith, Senator Joseph Vitale, Senator Linda Greenstein and Senator Patrick Diegnan sent a formal complaint to the Advisory Committee on Judicial Conduct requesting an immediate investigation into Silva.

“Judge Silva’s conduct is reprehensible and indefensible. We believe her opinion reflects such carelessly poor judgment that she should be removed, immediately, from her seat," wrote all four senators in the complaint.

The most controversial part of Silva's decision to try the teen as a juvenile included the following, in which she wrote: “The victim claimed that the [j]uvenile pushed her, grabbed her hands, removed her clothing and then penetrated her without her actual consent... However, beyond losing her virginity, the State did not claim that the victim suffered any further injuries, either physical, mental or emotional.”

Both Troiano and Silva are Family Court judges. In both cases, county prosecutors wanted to try the boys, both 16, as adults, but the two judges ruled they be tried as juveniles. They also both had their decisions overturned by appellate courts.

State Sen. Loretta Weinberg, D-Bergen, also wants Troiano and Silva removed. The National Organization for Women (NOW-NJ) has also called for Troiano and Silva to be removed from the bench.

According to NJ 101.5, the only state senator from Middlesex County who did not sign the letter was Sam Thompson, a Republican from Old Bridge.

Thompson told NJ 101.5 Silva made “a strange comment — no question ... I think there are a lot of judges I would have investigated. I could name a whole bunch of judicial decisions that are terribly wrong.”

“It’s a stupid statement that she (Silva) made. I’ll leave it to the judicial offices to make the interpretation as to whether this results in a censure or [removal].”

The four other state senators wrote:

"Leaving Judge Silva in place after such a display of misjudgment hurts not only the confidence in Middlesex’s court system, but all of New Jersey. Her behavior is unacceptable, it cannot be tolerated and therefore, we urge the judicial branch to take immediate corrective action."