Shelby Co. Clerk Wanda Halbert moves to have new ouster dismissed, cites lack of standing again

Shelby County Clerk Wanda Halbert has filed a motion to dismiss the latest ouster petition brought against her . During her previous ouster suit, Shelby County Circuit Court Judge Felicia Corbin-Johnson denied her initial motion to dismiss.

Corbin-Johnson denied that motion as it was premature , adding that motion to dismiss is not a proper response to an ouster petition. Halbert was allowed to file a response after the motion to dismiss was denied and later filed another motion to dismiss.

In the new filing, Halbert's attorneys allege that Robert Meyers, the attorney hired by the Shelby County Attorney's Office, does not have standing to bring the ouster petition.

Meyers was retained by the county attorney's office because the office believed there was a conflict of interest in working to oust Halbert. The same argument was made by Halbert's attorneys in a previous ouster that was brought by Hamilton County District Attorney Coty Wamp.

"... Plaintiff's petition on its face shows that it lacks subject matter jurisdiction to bring this instant action against defendant for the following reasons," the motion to dismiss reads. "(A) Robert Meyers, a private attorney, lacks standing to act on behalf of the county attorney; (B) there is no legislative provision that allows Robert Meyers, a private attorney, to act on behalf of Shelby County; (C) the Shelby County Code of Ordinances does not support Deputy Chief Lee Whitwell's action of hiring a private attorney to represent Shelby County Government; and (D) the Shelby County Code of Ordinances cannot supersede state statute."

In both this and the previous motion to dismiss, Halbert's attorneys argue that the only people who can bring an ouster petition are the Tennessee Attorney's General Office, the Shelby County District Attorney's Office and the Shelby County Attorney's Office. Both the DA's office and county attorney's office have said they believe they have a conflict of interest in attempting to oust Halbert.

The AG's office has said it would not step into the office, with the office's chief of staff saying that "the political inconvenience to a district attorney is insufficient cause to warrant the involvement of this office" when asked if it would take up the proceedings.

In arguing that Whitwell does not have the authority to hire outside counsel, Halbert's attorneys cite the Shelby County Code of Ordinances and argue the county attorney's office needed the approval of the Shelby County Board of Commissioners to hire outside counsel for the ouster petition.

"... Plaintiff has not asserted that it has the permission of the Shelby County Board of Commissioners, has not presented a resolution passed by the Board of Commissioners, nor has it presented a letter from the county attorney certifying to the chairman of the board of commissioners that 'the total compensation for such matter and related cases will not exceed $50,000.00 in the aggregate,'" the motion to dismiss read.

The motion to dismiss also cites a case against former President Donald Trump, a case in Florida that alleged Trump had taken sensitive documents prior to leaving the White House, that was dismissed due to the U.S. Senate not appointing a special counsel prosecutor.

This is the second ouster petition brought by the state to remove Halbert from office. The first petition was dismissed , as Corbin-Johnson said that Wamp did not have the jurisdiction to bring the ouster, according to state law.

Halbert has been in the hot seat for years now , starting in 2022 during her reelection campaign when the Clerk's office had to shut down multiple times to deal with a backlog of car dealer packs. Since then, multiple office closures, incorrect financial reports and not charging the increased county Wheel Tax fee has plagued the office.

Brooke Muckerman is a government reporter for The Commercial Appeal. She can be reached at brooke.muckerman@commercialappeal.com

This article originally appeared on Memphis Commercial Appeal: Shelby Co. Clerk Wanda Halbert moves to have new ouster dismissed, cites lack of standing again