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Judge ordered to stop employing husband: “It’s ridiculous”

In Harrisburg, Magisterial District Judge Marsha Stewart is accused of nepotism because she employs her husband, and is ordered to stop using his services immed...

In Harrisburg, Magisterial District Judge Marsha Stewart is accused of nepotism because she employs her husband, and is ordered to stop using his services immediately.

A constable slapped the judge with a lawsuit last year, alleging that she had failed to pay $9,000 in fees to him and other constables who served papers for her.

On Thursday, President Judge Richard Lewis issued an order obtained by FOX43, that Judge Stewart is "directed to immediately cease utilizing the services of Constable Michael Stewart... Since Magisterial District Judge Marsha Stewart is married to Constable Michael Stewart she is prohibited from appointing Constable Stewart in Magisterial District Court 12-1-04."

It's not clear if this order is related to the previous allegations. The judge declined to comment but her husband did.

"After 20-some years, all of a sudden you come with this pettiness, it's a little ridiculous," says Michael Stewart of the order. "It might have a lot to do with a little sexism, a little racism, et cetera, and certainly they keep us under closer scrutiny than her counterparts."

Stewart says he doesn't believe the charge of nepotism applies to him because constables are elected officials. They're paid fees like an independent contractor would be, so he says working for his wife is not unethical. He's been working for her since 1994.

"A lot of issues arise because of female judges, they have to be more compassionate and more understanding," he says. "We're past the days of white men in ties, black robes and white justice."

Stewart himself was removed as a justice in 1992 for ethics violations. He and Judge Stewart have been married for more than 30 years, and he says other local judges employ family members.
Stewart says he's stopped working for his wife, but has retained a lawyer to fight the order.

"We can have it stricken, we can do a lot of things which I'm not at liberty to say right now," he says. "Until we resolve this with the president judge."

Stewart is allowed to continue working for other magisterial judges.

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