A Tennessee judge has denied a motion to remove Wanda Halbert from her position as Shelby County Clerk, following a court ruling on Friday.
The decision came amidst allegations that Halbert had engaged in “willful neglect to perform her duties.”
The case centered on whether Halbert and her legal team had responded within the required 20-day period to a petition seeking her removal.
The petition was filed by a private firm representing the Shelby County attorney, which contended that Halbert’s response was untimely.
Halbert’s defense argued that a motion to dismiss had been properly filed, referencing a precedent from a similar case.
Judge Felicia Corbin-Johnson, who presided over the case, questioned the authority of the Shelby County attorney to engage private legal counsel for this matter, suggesting that such actions may exceed the scope of their official powers.
The judge pointed out that county attorneys typically have the authority to hire assistant attorneys, rather than private firms.
In her ruling, Judge Corbin-Johnson emphasized that removing an elected official without due process would be “fundamentally unfair.”
She stated:
“There is absolutely no precedent in Tennessee for granting a default and ousting an official who has been elected by the people.”
The judge highlighted that the legal principle of due process must be upheld, particularly when dealing with elected officials.
The judge’s decision ensures that Halbert will remain in office for the time being. The case is set to continue, with both sides scheduled to return to court on September 17 for a motion to dismiss the case in its entirety.
