Additional information has been requested from both camps, before a judge will rule on a motion to dismiss a lawsuit pursuing the removal of embattled Shelby County Clerk Wanda Halbert for willful neglect of office.
Circuit Court Judge Felicia Corbin-Johnson requested the supplemental briefs on Friday, Sept. 27. It follows a Sept. 17 hearing.
Halbert’s legal team argued that state law requires the county attorney to file an ouster petition. The removal effort is being led by special counsel Lauren Meyers. County Attorney Marlinee Iverson appointed the private attorney, after citing a conflict of interest.
Iverson had previously advised Halbert on the removal effort. If found in violation, it could risk the loss of her law license. Her decision was made in consultation with the state Board of Professional Responsibility.
Meyers has argued that the dismissal effort is a distraction. County attorneys regularly appoint special counsels. An ouster shouldn’t be a departure from the practice.
Halbert’s attorney, Darrell O’Neal, doesn’t doubt the conflict of interest. Nevertheless, he has maintained a the law-is-the-law argument. He also argued that removal would essentially reverse an election result.
During previous hearings, Corbin-Johnson encouraged state lawmakers to assess the century old law governing the appointing of special counsels by county attorneys. Halbert’s case isn’t the first time a potential conflict has arisen.
Halbert’s tenure as county clerk has been marked by many controversies – and efforts to remove her from office. Elected in 2018, her first term was tainted by a prolonged delay of tens of thousands of vehicle tags during the pandemic.
She was re-elected in August 2022.
Her second term has also seen its setbacks, including an audit ordered by State Comptroller Jason Mumpower in March, after Halbert submitted erroneous monthly financial reports to Shelby County Trustee Regina Newman.
