Wanda Halbert, in legal filing, says allegations in ouster petition were 'mere mistakes in judgement'

Shelby County Clerk Wanda Halbert, in a court filing responding to the ouster petition currently pending against her, said the allegations levied against her were "at best simple negligence, mere mistakes in judgement and good faith efforts of defendant Halbert to perform her duties."

The defenses listed came days after a Shelby County Circuit Court judge required Halbert's legal team to file an answer to Hamilton County District Attorney Coty Wamp's complaint, giving Halbert until Wednesday to submit the response.

"Plaintiff's petition is contradictory, stating that somehow defendant should be removed for 'willful neglect,' but admitting that there were several instances that look an awful lot like simple negligence — where defendant was unaware, didn't know information, didn't understand, didn't have the help required for her to facilitate her duties, or was faced with circumstances involving other moving parts of Shelby County government that failed her," the filing read.

In addition to that defense, there were two other affirmative defenses to remain in office that Halbert pleaded in the filing. Halbert, through her attorney, argued that the petition did not show "a mental attitude of indifference" over her duties.

"For instance, plaintiff pleads that defendant 'failed to charge or collect wheel tax fees properly' because 'Ms. Halbert was not aware for a period of months that the updated wheel tax resolution had passed through the commission and had become effective,'" the filing said. "Glaringly missing is any allegation that Ms. Halbert received written notification, or any notification, of the change in the wheel tax. Plaintiff's position is that defendant should have known."

Halbert's third defense was that the allegations — should the state's facts be taken as true and given "all reasonable inferences" — indicate "mere mistakes in judgement," and not willful neglect.

More: Everything you need to know about the possible ouster of Shelby County Clerk Wanda Halbert

"Moreover, plaintiff detrimentally pleads that less than two months after defendant received that proper help from the comptroller, and acknowledged that her revenue reports improved and were turned in only one day late, that she was recommended for ouster proceedings," the response read. "Again, these facts fail to demonstrate a 'mental attitude of indifference to consequences or failure to take advantage of means of knowledge of the rights, duties or powers of a public office holder.'"

A fourth defense was argued in favor of Halbert not being suspended from office while the proceeding happens, saying that the state has not shown good cause to suspend Halbert.

"Here, the 'gravity' of the allegations contained in plaintiff's petition do not amount to 'allegations of misconduct' or malfeasance, nor do they amount to 'willful neglect,'" it read. "The state is essentially accusing defendant Halbert of simple negligence and attempting to cloak said simple negligence as 'willful neglect.'"

Wamp's office filed the petition to oust Halbert from office on May 6 and said incorrect financial reporting, strains on Shelby County's auto dealerships, comptroller deficiencies and Halbert not presenting a corrective action plan to the Shelby County Commission on May 1 as reasons for her ouster.

In addition to the defenses Halbert asserted in the response, she also responded to the allegations. In those responses, Halbert mostly denied — and declined to confirm or deny — allegations from Wamp's office. The few admissions made included details about Halbert making public appearances.

Halbert has been under investigation since June 2023, when Wamp was assigned to determine whether Halbert has been "willfully neglectful of office." In May, her investigation came to a close and Wamp filed a petition to oust her from office.

Among the findings were that financial reports from the clerk's office have been "consistently inaccurate, with collected dollar amounts not added properly," according to the petition, making it "impossible" for the county to rely on the office for funding distributions. Halbert has not turned in a single report in a timely, or accurate, manner, the petition alleged.

Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at [email protected], or (901)208-3922, and followed on X, formerly known as Twitter, @LucasFinton.

This article originally appeared on Memphis Commercial Appeal: Shelby County Clerk responds to ouster petition, sets up legal defense