East Central Reporter

Shelby County – The Shelby County State’s Attorney, Ruth Woolery, is facing a second motion to quash a subpoena and sanctions filed by Shelby County Board Chairman Bobby Orman. This follows the issuance of subpoenas to Orman and the county’s auditing firm, actions previously reported.

The latest motion highlights additional issues with Woolery's handling of legal matters. An email from Woolery to Orman was referenced in the motion, indicating that Orman had requested independent counsel. Woolery responded, "I would also state that since a copy of the initial draft that you received on July 29, 2024 has already been provided to Mr. Kirk Allen and that draft has since been published by the Edgar County Watchdogs, there should be no issues with complying with the Subpoena that would require independent legal counsel."

This response is seen as problematic because public availability of records does not negate an individual's right to independent counsel. Legal professionals argue that once records are public, it may be inappropriate to issue subpoenas for them.

The court document outlines several reasons for quashing the subpoena directed at Robert Orman:

1. The subpoena was issued by the incorrect court; Shelby County falls under the Fourth Judicial Circuit while the subpoena was issued by the Sixth Judicial Circuit.

2. The return address for the subpoena violates Local Rule 7-4(a).

3. Issuing this subpoena created a conflict of interest for State’s Attorney Woolery.

4. The materials sought were already publicly available.

5. Mandatory legends required by Rule of Practice 7-4(e) were missing from the served subpoena.

6. The served subpoena lacked necessary certification per Rules of Practice 7-4(f).

7. The served document did not bear an original signature or seal from the Clerk of Court.

Chairman Orman's filing seeks various forms of relief including quashing the August 8th subpoena, sanctioning Woolery for misuse of court power, ordering an audit of all MX cases since May 10th, issuing rules to show cause regarding potential contempt and disqualification proceedings against Woolery.

Notably, errors in these subpoenas are attributed not only to State’s Attorney Woolery but also to Circuit Clerk Kari Kingston who signed them despite apparent discrepancies.

Former Shelby County State’s Attorney Rob Hanlon filed this motion along with another recent one against auditors—efforts which have faced local opposition but have so far evaded disciplinary action from regulatory bodies like ARDC.

Updates will continue as these proceedings advance through court.

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