Shelby County Clerk Wanda Halbert has been granted additional time to respond to a petition seeking her ouster. Today, Shelby County Judge Felicia Corbin-Johnson ruled against a default judgment that would have removed Halbert from office, as reported by Action News 5. The county attorney’s office had previously accused Halbert of failing to respond within the allotted 20-day period to an initial petition aimed at her removal, although records indicated she filed a motion to dismiss one day after the deadline.
Despite the state's argument that Halbert's motion to dismiss wasn't a proper response, Judge Corbin-Johnson found it equitable to give her a chance to file an answer. In an oversight, the judge also questioned the legality of the Shelby County attorney hiring private counsel for the case. The next court appearance is set for Tuesday, September 17, 2024, according to The Daily Memphian.
Judge Corbin-Johnson referenced a Supreme Court statute to support her decision, deeming it "fundamentally unfair" to remove an elected official without due process. This notion was echoed by Halbert's attorney, Darrell O’Neal, who noted, "The law is the law," further citing precedents in support of his client's position. O'Neal confidently stated, "We’ve done something. We’ve responded," as he defended Halbert's actions in court, as per Action News 5.
The ultimate decision, according to Judge Corbin-Johnson, rests with the voters of Shelby County. "There is absolutely no precedent in Tennessee for granting a default and ousting an official who has been elected by the people," the judge stated. The contention that it would violate Halbert's due process rights was a cornerstone of Judge Corbin-Johnson's decision to allow Halbert to remain in office. "Wouldn’t it be fundamentally unfair to grant default to oust Ms. Halbert and violate her due process rights, when she has properly raised the issue?" posed the judge during the proceedings, as noted by WREG. The case continues to evolve, with both legal teams due back in court on the forthcoming Tuesday for a motion to dismiss.
