MEMPHIS, Tenn. — Wanda Halbert appeared in Shelby County Circuit court before Division 1 Judge Felicia Corbin-Johnson for the first time in the court case to ouster her. A trial date was also set for August 26, 2024.
This all comes after Hamilton County District Attorney General Coty Wamp filed a petition May 6 on behalf of the State of Tennessee to remove Halbert from office as Shelby County Clerk.
The 49-page petition asks the court to remove Halbert from office "due to willful neglect to perform a duty enjoined upon the Shelby County Clerk by the laws of the State of Tennessee." Division 6 Judge Cedrick D. Wooten filed the order of recusal May 7, 2024, “for good cause shown."
Following the recusal, the case was assigned May 8 to Corbin-Johnson, according to court records.
Friday's hearing
In court Friday, May 31, 2024, attorneys for Halbert and the state argued over some motions, including a motion to dismiss from Halbert and a motion for a default judgement by the state. The judge also expressed concerns over procedural issues and whether some of the motions were proper or should be brought up during the trial instead.
The judge denied the motion to dismiss without prejudice, allowing Halbert to answer the motion to default by the state.
The judge also said unless Halbert chooses a trial by judge, she will face a jury, and the judge said she’s not likely to grant a change of venue for an out-of-county jury.
A suspension hearing was set for June 25, and Halbert’s attorneys and the state also argued over whether Halbert was entitled to discovery and other materials before that hearing. The state said Halbert was not entitled to all of the discovery material or witness list before the suspension hearing, while Halbert’s attorneys claimed if that was the case, then it amounted to a denial of due process.
The judge said both the state and Halbert’s attorneys would be required to provide a witness list for the suspension hearing, and that both sides should provide any materials needed for the next hearing.
A trial date was set for August 26.
More on the ouster filing
In a previous post to social media, Halbert cited repeated requests she said she made for an investigation into concerns within the office.
"The Office of the Shelby County Clerk over the last 5+ years has repeatedly 'sounded the alarm' regarding a host of findings/concerns (financial included)," Halbert wrote. "Said concerns have been documented and reported to multiple legal County & State entities but never investigated. Fortunately, the day has come that FINALLY begins direct attention to the matters we have raised. While our team cannot discuss these and other matters, we will not be afraid to do what the law requires of us. When given authority, we commit to being transparent and will report accordingly."
The 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."
The petition alleges that Halbert's reporting became so "untrustworthy," that the Shelby County finance department had to stop submitting the final reports in a timely manner because the inaccuracies were jeopardizing Shelby County budgetary numbers.
According to the petition, Halbert maintains she does not have the funding to fully staff her office but is consistently underbudget and has historically given a "significant amount" of her budget back to the county at the end of each fiscal year.
The filing also said that the county estimates that 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.