NEW BRUNSWICK, NJ — Assemblyman Joe Danielsen has joined the call to remove Judge Marcia Silvia. He also went a step further and called for Judge James Troiano to be removed as well. 

Silva has come under fire after her opinion in a juvenile rape case involving a 12-year-old recently came to light.

Last month, an appellate court overturned an earlier ruling by Silva that prevented prosecutors from charging an alleged 16-year-old rapist as an adult.

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"Silva’s belief that the alleged rape of a 12-year-old was not ‘especially heinous or cruel’ completely ignores the reality of a child – who did not and could not consent – being violated by someone she thought she could trust," Danielsen said in a statement. "Rather than focus on the nature of this case, Silva ignored the actual issue in favor of making a point."

Troiano who urged leniency for a teenage boy accused of sexual assault because the boy came from a “good family” has faced public backlash. According to published reports by NJ.com the teen has been accused of recording himself sexually assaulting an intoxicated 16-year-old girl then sharing the video with his friends.

“Troiano’s concern for the wellbeing of an accused rapist simply because he was a good student from a quality school should never have influenced his judgment," Danielsen said in a statement. "Caring more about the future of a privileged alleged perpetrator than the violence inflicted upon his accuser is entirely unconscionable."

Danielsen says he finds it troubling that both judges refused to acknowledge the devastating impact of the victims regarding the offenses brought before them. 

“I categorically condemn the unprofessional conduct and disturbingly callous remarks of these judges," Danielsen said. "I call for their immediate removal from the bench.”

Original article:

Four state senators are calling for a Middlesex County Superior Court judge to be removed from the bench for her handling of a rape case involving a 12-year-old girl.

Senators Bob Smith, Joseph Vitale, Linda Greenstein and Patrick Diegnan have submitted a formal complaint to the Advisory Committee on Judicial Conduct requesting an investigation into Judge Marcia Silva.

Silva has come under fire after her opinion in a juvenile rape case recently came to light.

Last month, an appellate court overturned an earlier ruling by Silva that prevented prosecutors from charging an alleged 16-year-old rapist as an adult.

The senators specifically cited the part of Silva's opinion in which she said: "The victim claimed that the juvenile 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,"

The senators' letter described Silva's words as "disturbing."

According to the letter, "The State of New Jersey's Code of Judiciary Conduct, Canon I, states that 'A judge ... shall uphold and should promote the independence, integrity, and impartiality of the judiciary.' According to the rules covering judiciary conduct, Judge Silva's actions, along with the international attention they have received, have undeniably weakened the integrity of the New Jersey court system."

The letter goes on to cite Canon 3 of the judicial conduct code.

Silva, a former assistant prosecutor for Middlesex County, was nominated to the bench in 2014 by former Gov. Chris Christie.

She has a law practice in her hometown of South River.

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