$12 million discovered
New Shelby County general sessions court clerk is requesting an audit after finding money in account.
Shelby County’s new general sessions court clerk, elected in August, is requesting an external forensic audit of his office after discovering $12 million sitting in one of his office’s accounts with the Shelby County Trustee.
“I believe this is money that has not been paid to businesses and citizens of Shelby County over the years,” wrote Court Clerk Joe Brown, a former Memphis City Councilman, in a letter to County Mayor Lee Harris and the Shelby County Commission. “There seems to be a disparity in the accountability of money from previous administrations and this is not something that I can assume responsibility for, nor take ownership of.”
The previous court clerk, Edward “Ed” Stanton Jr., could not be reached for comment. He was appointed clerk pro tempore in 2011, then elected general sessions court clerk in 2012. He announced in the fall that he would not seek another term after more than three decades of working in the office.
The general sessions court clerk is responsible for maintaining the records and funds of Shelby County’s civil and criminal court.
According to a balance report attached to the letter, while the fund for general sessions criminal court contains just $2 million with the Trustee’s Office, the fund for general sessions civil court contains more than $12 million.
While some of that is undoubtedly for operational expenses and it should have more than criminal court, the entire $12 million is excessive for operational needs, Brown wrote in his letter.
“What stood out is that we are not a bank. To have $12 million on the books is an abnormality,” said Michael Williams, chief administrative officer for the clerk’s office.
The office began investigating the sum about two to three weeks ago, as soon as Brown’s office discovered the amount, Williams said. They believe it might be money that should have been disbursed to plaintiffs or law firms, but need to find out the details, something that could be determined through an audit, Williams said.
An audit could determine what should have been paid out in the past as well as what money is being held for future disbursement, such as original court costs in a case awaiting judgment or funds being held in a settlement until a minor child turns 18.
“It’s going to take time and manpower to find these records and correlate them to what’s been paid out and what’s being held,” Williams said.
The requested audit and the $12 million sum is scheduled for discussion in committee by the Shelby County Commission Wednesday.
County Commission Chairman Eddie Jones said he believes any incoming official should be able to have an audit of their new office so they fully understand every aspect of how finances have been organized.
"The person taking the office, you’re bonding the person to say now this is yours and you have to deal with it," Jones said. I wouldn’t want to have to deal with any uncertainties coming in the door.”