Magisterial District Judge Colleen Mancuso said she has no intention of resigning, and that she is not barred from doing her job.

On Dec. 28, Mancuso was given an administrative order from President Judge Margherita Patti-Worthington, of the Monroe County Court of Common Pleas. The order restricted Mancuso’s ability to process search warrants, arrest warrants and preliminary arraignments brought before her in her jurisdiction, which includes Chestnuthill, Eldred, Polk and Ross townships.

The Unified Judicial System of Pennsylvania website states that magisterial district judges are the first step in the judicial process. They also set bail and handle minor cases such as traffic tickets and landlord-tenant disputes. The Court of Common Pleas tries criminal cases and handles civil cases.

On Monday, Robert Butler, the chairman of the Monroe County Republican Party, called for Mancuso’s resignation saying, “Considering a major portion of the work cannot be carried out by MDJ Mancuso, this district would be best served by her resignation and the process of selection for a full-time magistrate begin.”

According to the order, these warrants and preliminary arraignments would be temporarily assigned to, and processed and filed by the magisterial district judge on emergency duty.

Mancuso said President Judge Patti-Worthington sought advice from the state Ethics Advisory Panel because of the Mancusos’ unique situation.

Mancuso, who has been a magisterial district judge since 2012, is married to newly-elected Monroe County District Attorney Michael Mancuso. Both ran in the recent election as Democrats.

District Attorney Mancuso has been an attorney in the District Attorney’s Office since 2000. Prior to the election, he was the first assistant district attorney under now-retired District Attorney E. David Christine Jr.

Butler said their relationship and jobs pose a conflict of interest.

MDJ Mancuso said President Judge Patti-Worthington also gave her a waiver that could be signed by the defendants and their attorneys making them aware of the situation. Their signature on the waiver would indicate they acknowledgment of the situation and decision to proceed. At this point, all but one defendant has signed the waiver.

“I’m just happy that the defendants and defense attorneys in my jurisdiction believe that I can rule fairly,” MDJ Mancuso said. “It makes me happy actually.”

In the event a defendant and defense attorney choose to not sign the waiver, the magisterial district judge on emergency duty would step in to process the warrant or arraignment, but would not receive additional compensation for the work.

Stacey Witalec, a press secretary for the state court system, said magisterial district judges do not receive additional compensation for processing cases while on emergency duty.

“It happens frequently,” Witalec said and explained that it is called recusing themselves from a case.