East Central Reporter

Shelby Co. (ECWd) – On Monday, August 26, 2024, a hearing was held regarding improper subpoenas issued by Shelby County State’s Attorney Gina Woolery. During the proceedings, Woolery moved to withdraw the pending administrative subpoenas and provided reasoning that was later contested.

Woolery stated, “And the reason behind withdrawing the subpoenas is simply that one of the individuals who was subpoenaed for these documents actually published those to the public, so there’s no reason to move forward with that investigative subpoena at this time.” However, it was revealed that the documents in question were published by an external request to the treasurer for public records after a county board meeting. No evidence has been presented to support Woolery's claim that any subpoenaed individuals released those records.

Robert Hanlon, representing those who received the subpoenas, highlighted various legal issues with their issuance. The court did not dispute his points nor did Woolery offer a defense. Woolery admitted her error stating, “I admit that that is completely my fault for using a form left in my office by my predecessor.”

Hanlon clarified there were no such forms left by his predecessor as all electronic files had been deleted. He mentioned there might have been similar forms on computers used by officials in other counties within the same circuit.

Despite acknowledging errors in issuing subpoenas returnable to her office rather than the court and without proper seals, Woolery contended they did not warrant sanctions: “the error in my subpoena do not reflect the request for sanction by Mr. Hanlon.”

The judge audited MX cases in response to Hanlon's requests and confirmed only two administrative subpoenas had been improperly issued since Woolery took office: "I believe it’s a limited mistake that involved these two related cases."

The subpoenas were quashed as anticipated. The full transcript of the hearing is available for public review.