The petition to oust Wanda Halbert was dismissed. Here's what could happen next
A Shelby County Circuit Court judge granted Wanda Halbert's motion to dismiss the ouster petition brought against her Tuesday morning.
Hamilton County District Attorney General Coty Wamp said the cause for dismissal, which boiled down to who had standing to bring the petition, was the first of its kind in the state of Tennessee. Wamp doubled down on her findings during the investigation, saying her office discovered both willful neglect and straight incompetence.
"We have done a substantial amount of work. We believe that Miss Halbert has committed willful neglect in her duties as county clerk of Shelby County, on top of that, we believe she's entirely incompetent," Wamp said.
A spokesperson for the Shelby County District Attorney's office said DA Steve Mulroy and the Shelby County Attorney's office would be meeting Tuesday to discuss possible next steps.
What could happen next?
There are three people within Tennessee who could potentially pick up the case against Halbert. District Attorney for Hamilton County General Coty Wamp said per the ouster statute, the Tennessee Attorney General, the Shelby County District Attorney or the Shelby County Attorney's office are the only three that could pick up the case.
As for right now, Halbert will remain in office but if the AG, DA or County Attorney picks up the case the move to oust her from office could restart.
Why was the ouster petition dismissed?
The ouster statute for the state of Tennessee is extremely high, and Wamp has said that repeatedly throughout the investigation and subsequent petition.
According to the state statute, only individuals from local jurisdictions can institute ouster proceedings. Wamp was appointed as a pro-tem for the case, as Mulroy said there was a conflict of interest as he is also an elected official in Shelby County.
Wamp is the elected District Attorney for Hamilton County and therefore does not meet the statute's requirements, the Shelby County judge ruled.
"Ouster proceedings may be instituted by the attorney general, district attorney general, or county attorney, either on their own initiative or after a complaint has been made," according to the County Technical Assistance Services.
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What did Wamp have to say?
Wamp reiterated that the issues within the Shelby County Clerk's office are fully due to neglect of her duties, and unless the issues are addressed the office will continue to be in dismay.
"I think that she's going to continue to challenge the County Commission. She doesn't think she has to answer to them. She doesn't think she has to do what the (Shelby) County Trustee asked her to do in order to balance a budget. She's arrogant, and I wish her the best," Wamp said.
While Wamp did give harsh criticism of Halbert, she did say that while conducting her interviews for the investigation, the commonality among witnesses was that Halbert was a "nice woman."
This article originally appeared on Memphis Commercial Appeal: What next for Shelby County Clerk Wanda Halbert after ouster dismissed?
