MEMPHIS, Tenn. - A second ouster attempt against Shelby County Clerk Wanda Halbert was dismissed Wednesday afternoon.
Once again, a judge ruled that the person who filed the ouster petition does not have the proper standing to file such a petition.
"The statute is also clear. Ouster petitions are brought in the name of the state. That is mandatory," said Judge Felicia Corbin-Johnson. "The legislature had clearly spoken in terms of who can bring this case."
RELATED: New petition filed in effort to remove Shelby County Clerk Wanda Halbert
This ouster petition was filed by attorney Lee Whitwell, appointed to handle the case by Shelby County Attorney Marlinee Iverson. Only three local officials have the standing to file an ouster petition. Those officials are the attorney general, district attorney, or county attorney. Whitwell was appointed to handle the case by Shelby County Attorney Marlinee Iverson who declined to file the petition personally due to a conflict of interest.
"The first problem that the court has is Ms. Iverson has said that she implicitly has not conducted an investigation. She has said she has not been able to participate," said Judge Corbin-Johnson. "Secondly, the court is of the opinion that the county attorney does not have the authority to hire private counsel to bring this petition."
RELATED: 'You're stuck with her': Ouster case against Wanda Halbert dismissed
The first ouster petition against Halbert met a similar fate. Shelby County District Attorney Steve Mulroy, citing the potential for a conflict of interest, appointed Hamilton County District Attorney Coty Wamp to conduct an investigation into Halbert and ultimately file the ouster petition. A judge ruled that Wamp lacked the standing to file such a petition and dismissed the case against the Shelby County Clerk.
"You can't have a deputy county attorney facilitating, instituting, instigating, hiring private lawyers to file an ouster petition. Running the entire show. His name is not on the petition. I don't see how this case can go forward," said Judge Corbin-Johnson before dismissing the second ouster petition.
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