MEMPHIS, Tenn. — Wanda Halbert, who was elected for a second term as County Clerk in 2022, will keep her position for now after a judge’s ruling Friday.

A private firm representing the Shelby County attorney faced off with Clerk Wanda Halbert’s attorney in court Friday regarding a complaint filed.

The issue at hand is whether or not it was addressed by Halbert and her defense team within the required 20 days to a filed petition made to remove the clerk after allegations of “willful neglect to perform her duties.”

Halbert’s attorney says the county clerk did respond by filing a motion to dismiss, citing a previous case as a comparison.

The judge questioned whether the Shelby County attorney even had the authority to have private counsel as part of this case.

“The ordinance says that she has the ability to hire assistant county attorneys,” said Judge Felicia Corbin-Johnson.

In the end, the judge says the voters of Shelby County ultimately have the final say.

“There is absolutely no precedent in Tennessee for granting a default and ousting an official who has been elected by the people,” Judge Corbin-Johnson said.

The judge ruled it would be “fundamentally unfair” for the court to oust Halbert after she was elected by the people.

“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?” Judge Corbin-Johnson said.

Both sides are due back in court on September 17 for a motion to dismiss.