Wanda Halbert, who was re-elected as Shelby County Clerk in 2022, will remain in office following a judge’s ruling on Friday, Sept 13.
The court rejected an attempt to remove her from her position, despite a petition citing “willful neglect to perform her duties.”
The legal battle stems from a complaint filed against Halbert, alleging failure to fulfill her responsibilities as county clerk.
Shelby County, represented by a private law firm, argued in court that Halbert and her legal team failed to respond to the petition within the required 20-day timeframe.
Halbert’s defense, however, contended that a motion to dismiss had been filed, citing a precedent from a prior case.
The crux of the case involved questions over the county attorney’s authority to hire private counsel, with Judge Felicia Corbin-Johnson raising concerns about whether such representation was permissible under local laws.
She noted that the county attorney’s office is typically empowered to hire assistant county attorneys, not external firms.
Ultimately, Judge Corbin-Johnson ruled in favor of Halbert, stating that ousting an elected official without proper due process would be “fundamentally unfair.”
She stressed that there is no legal precedent in Tennessee for removing an official through default when elected by the people.
“There is absolutely no precedent in Tennessee for granting a default and ousting an official who has been elected by the people,” Judge Corbin-Johnson said. The ruling effectively keeps Halbert in office pending further legal proceedings.
Both parties are scheduled to return to court on Sept. 17 for a motion to dismiss the case entirely.
