Alberto Rivas will give up his role as Middlesex County’s assignment judge after being censured by the Advisory Committee on Judicial Conduct over remarks he 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.
Rivas volunteered to step down as assignment judge. He will preside over cases in the county’s civil division.
New Jersey Supreme Court Chief Justice Stuart Rabner appointed Superior Court Judge Michael Toto to take over as the county’s assignment judge.
Toto was presiding judge for the county’s criminal division.
Rivas did not seek a hearing before the Supreme Court.
The censure is in line with the recommendation an ACJC panel made in February.
Before this incident, Rivas had been given private reprimands on two previous occasions.