SHAMOKIN, NORTHUMBERLAND COUNTY- A district judge is under state investigation in Northumberland County.

John Gembic is a district justice in Shamokin. He's held the elected position for nearly a decade. But a towing company says he's used that position for profit since November.

Al Keefer of A & G Towing says he hasn't used his tow truck in Shamokin very much lately. "By this time in the year I should have at least 75 or 100 calls. I mean it's just totally dead," said Keefer.

Keefer says the reason is Anthracite Towing, owned and operated by District Justice John Gembic. Acording to Keefer, nearly every towing request in and around Shamokin goes to judge Gembic's company.

Keefer says that's a conflict of interest. "Say you go wreck your car or something and you have a case in front of him. He tows the vehicle, now you're going before him. It's wrong, no matter which way you look at it."

Keefer filed a complaint with the state Judicial Conduct Board in June. The Eyewitness News I-Team went to judge Gembic's chambers in Shamokin to talk about Keefer's claims.
The secretary said judge Gembic would talk to us, but only with his attorney. We called Gembic's attorney's, Ed Kopco, who tells Eyewitness News, "John Gembic is running a totally legitimate business operation. We welcome the opportunity to tell the full story when the judicial conduct board investigation is complete."

Judicial Conduct Board investigations are confidential. Gembic's attorney says by law, he can't share his side of the story right now.

There are state laws in place for district justices. One rule states a judge can't use their judicial position for financial gain or professional advantage.
Keefer says he hopes the investigation wraps soon. Keefer and other towing companies want things to go back to the way they were, a sort of gentlemen’s agreement, alternating towing calls so everyone gets a fair shake.

Tom Herb owns an auto repair shop and towing company in Shamokin. He says towing duties should be shared. "It gives everybody a chance. If you're available, go. If you can't make it, it goes to the next guy on the list,"

This state investigation will reveal if judge Gembic has anything to do with influencing that towing rotation. Because Judicial Conduct Board investigations are confidential, we don't know when it will be complete.

It is not illegal for a judge of any kind to own a business. Judge Gembic's attorney says he will sit down for a one on one interview with us when this investigation wraps.