MEMPHIS, Tenn. — The motion to remove Shelby County Court Clerk Wanda Halbert was rejected at a hearing on the morning of Friday, Sept. 13, 2024.
Judge Felicia Corbin-Johnson ruled that the court would not pursue default against Halbert, saying it would not be fair and it would not give the defense due process.
“This judge is not going to oust a Shelby County official or any other official on a default under these circumstances," Judge Corbin-Johnson said. "It’s just not going to happen.”
County attorney Robert Meyers filed the motion Friday, Sept. 6, 2024, asking the court for a default judgment and Halbert’s immediate removal.
This concerns the second ouster petition against Halbert, filed Friday, Aug. 2, after the first ouster petition, filed by Hamilton County District Attorney Coty Wamp, was thrown out on a legal technicality.
This 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 complaint also requested that Halbert be suspended from office until a final hearing was conducted.
A summary judgement hearing has been scheduled for Tuesday, Sept. 17.
“We will be back in court on Tuesday to try to get the matter resolved,” Meyers said.
The defense is expected to ask 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 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."