Judge grants Shelby Co. Clerk Wanda Halbert more time to respond to ouster petition
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MEMPHIS, Tenn. (WMC) – Shelby County Clerk Wanda Halbert will keep her job for now.
Friday morning, Shelby County Judge Felicia Corbin-Johnson ruled against a default judgment that would have removed her from office.
Shelby County Attorney Marlinee Iverson filed the ouster request, accusing Halbert of not responding to her initial petition.
The county attorney said Halbert had 20 days to respond to that petition, but records show Halbert filed a motion to dismiss the ouster petition one day past the deadline.
The state, on behalf of Iverson, argued that Halbert’s motion to dismiss was not a proper response, but the judge disagreed, even calling it “fundamentally unfair” to remove Halbert, citing a Supreme Court statute.
Following Friday’s hearing, Halbert’s attorney Darrell O’Neal spoke on the precedent.
“The law is the law,” he said. “I mean, that’s the reason why I cited her [Iverson] to the State of Tennessee vs. Embem, which is a Supreme Court case. It’s the law, and then the Luper case that they were citing specifically said if you do nothing, we’ve done something. We’ve responded, so I think she did, she followed the law.”
The judge will allow Halbert more time to file an answer to the ouster petition.
The next court date is set for Tuesday, September 17, at 10 a.m.
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