Harrisburg District Justice under review for sitting on citation against herself

Harrisburg, Pa. — (WHTM) Another Harrisburg District Justice is under review for conduct. The Dauphin County Judicial Conduct Board will review allegations Marsha Stewart sat on citation against herself, filed in her office.

Court documents obtained by abc27 and shown to county officials began to raise several serious questions regarding the conduct of District Judge Marsha C. Stewart according to a senior Dauphin County judge.

The Magisterial District Justice in Harrisburg for District 12-1-04 was cited for failing to file her 2009 income taxes on April 16, 2010. According to a court document, the Capital Tax Collection Bureau sent warning notices to her residence in May 2011 and April 2012.

The document stated Stewart owed $40.00. Stewart was cited on September 10, 2013 and received a fine of $95.96.

Court documents show nearly a dozen dates when a summons citation was served to Steward’s own MDJ Office on Walnut St.

According to the senior county judge, when a district justice is charged or cited with a violation within in their own district, that case must be transferred immediately due to a conflict of interest.

Coincidentally, the case was transferred Dec. 3, while abc27 was obtaining the documents for this story.

Marsha Stewart’s husband, Michael Stewart, a constable for her office, was cited for a traffic violation on July 9 for parking near a fire hydrant. The citation was issued to Marsha Stewart’s office on August 8.

The citation was issued seven times according to court documents. On November 18, the Dauphin County Court Administrator approved a case transfer to the office of Robert Jennings III, who a senior judge oversees since to his recent suspension.

That office said the transfer was approved Tuesday, Dec. 2. Staffers there said they did not have any paperwork other than the transfer approval documents, which they provided.

Marsha Stewart was unavailable for comment.

Abc27 caught up with Michael Stewart outside his home and asked why the citations sat inside his wife’s office and were not transferred sooner.

Mr. Stewart responded,

“If they did — so what? What’s the beef?” he said.

When showing him the documents and pointed out the citation involving the failure to file income taxes sat in Marsha Stewart’s office for fourteen months, Stewart responded and walked away.

“I don’t know,” he said. “Do what you need to do.”

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