MEMPHIS, Tenn. — A judge is soon set to decide whether Shelby County Court Clerk Wanda Halbert should be removed from office after the prosecution and defense presented more arguments during a summary judgement hearing Tuesday, Sept. 17.
Judge Felicia Corbin-Johnson said a written ruling will be issued within a week or so from Tuesday.
County attorney Robert Meyers filed the second ouster petition against Halbert on Friday, Aug. 2, after the first ouster petition, filed by Hamilton County District Attorney Coty Wamp, was thrown out on a legal technicality.
This latest complaint reiterates many of the positions from the initial ouster case, including inaccurate and untimely financial reporting, strain on auto dealerships, comptroller deficiencies and leasing issues.
The defense has asked the judge to dismiss the ouster.
“If you file a lawsuit, then I can either file an answer, or I can file a motion to dismiss." Wanda Halbert’s Attorney Darrell O’Neal said. "A motion to dismiss is not considered a response in pleading; however, it’s an opportunity to defend myself.”
The prosecution said they were working on this ouster on behalf of the Shelby County Attorney Marlinee Iverson, however Iverson would not be a part of the ouster proceedings because of a conflict of interest.
But during Tuesday's hearing, O'Neal said a private attorney can not oust or bring an ouster petition against an elected Shelby County employee.
“A private attorney cannot bring an ouster on behalf of the county" said O'Neal. "That is Supreme Court law. That’s a 1965 case. And it’s still good law. There’s no cases that overturned it. There’s no cases that reverse it. It is the law today.”
“My position is there’s nothing inherently wrong in having a private lawyer represent the county," Meyers said.
"We just heard the reason why — because she was a client. She was advising her," O'Neal responded.
Judge Corbin-Johnson said she would not make a ruling Tuesday, but would go over recent filings and and briefs, then write in her opinion in the next week or so.
“Once we get the ruling, we will take that under advisement," Meyers said. "And obviously if it’s positive, we will ask for an expedited hearing. And if it’s negative, we will consider the possibility of an appeal."
The first ouster petition
Hamilton County District Attorney General Coty Wamp filed the first petition on behalf of the State of Tennessee to remove Halbert from office as Shelby County Clerk.
The initial filing said that Halbert consistently fails to turn in monthly reports to the trustee in a timely manner and said there is no legitimate reason for the failure to do so. The petition also said the reports were inaccurate “with collected dollar amounts not added properly."
Shelby County Circuit Court case history shows that the complaint was filed Monday, May 6, and a summons had been issued.
Halbert responded to the motion a day later at a press conference saying, “I am not going to apologize for not operating outside of the law, I am not interested in that. I want to go by the book the letter of the law."
This motion was dismissed by Shelby County Circuit Court Judge Felicia Corbin-Johnson, who stated, “The court is of the opinion that Ms. Halbert’s motion has merit and that it should be granted. This court cannot manufacture jurisdiction or navigate in such a way to try and find jurisdiction, subject matter jurisdiction, where jurisdiction simply does not exist.”
The filing also said the county estimates Halbert's office owes hundreds of thousands of dollars to Shelby County government due to financing technology issues with the county.
It also said that the "neglect of duties" has had a strain on Shelby County businesses, specifically car dealerships who rely on the Clerk's Office to conduct business.
Wamp said she was disappointed in the outcome and that her office had put a lot of work into it.
"We hope someone can pick this up," Wamp said. "If not, it's going to be a long two years. I'd hate for this to happen to Hamilton County."