The Advisory Committee on Judicial Conduct recommended Middlesex County Assignment Judge Alberto Rivas be censured over remarks made during a January 2019 hearing in which a woman attempted to retrieve nude photos of herself from the wife of the man with which she was having an affair.
The ACJC found Rivas was discourteous towards the litigants in a way that suggested bias, though it dropped accusations that claimed he showed bias against a protected class and allowed his personal relationships to influence his decision.
During the case, Rivas claimed the girlfriend lied about not knowing where the married woman worked.
“Baloney,” he said. “That’s not true. If you’re screwing him — let’s be frank now, because I should not be wasting judicial resources on this kind of malarkey. If you have been screwing him for these years, there’s no question that you know where she works. That’s how affairs work. This is not someone you just met. There’s not a question on the table, so don’t speak.”
He further likened the situation of the three involved to the Bermuda Triangle and disparaged the husband.
“You two ladies have let yourselves get played by this guy,” he said. “Well, I’m not going to call him a man, because he does not deserve that title. This homosapien.”
The committee said Rivas had received private reprimands on two previous occasions, which they said made Rivas’s behavior on the most recent occasion considerably worse.