MEMPHIS, Tenn. -- Judge Kenneth Armstrong refused to let cameras inside the courtroom Tuesday as Henri Brooks and her legal team argued their case.
County Attorney Ginny Bozeman argued her investigation was by the book.
Brooks isn't talking, but her attorneys made the same argument they made for the past week.
"It's pretty basic principle of democracy that one branch cannot out another branch," Michael Working said.
The judge repeatedly asked who made the determination that Brooks was no longer allowed to serve. He asked why the commission hasn't held a special hearing, and commissioners replied that's not how it works.
Commissioner Steve Mulroy said, "I'm not sure the County Commission really is the appropriate body to make factual findings on this. Because I think ultimately, our decisions are going to be political."
Or Mulroy says it will at least appear that way. He understands the judges questioning, and blames the confusion on state law.
"The county attorney said, well in the absence of any specific language to the contrary, the default seems to be me, and I do these investigations. She does have a point the county attorney's office often does investigations of this nature."
But Brooks' legal team is working to prove this is not the right way, and get their client back in her seat before the next meeting on Monday July 7th.
Andre Wharton said, "In terms of what the process is and whether we can create a process now, those questions have yet to be determined."
This has never happened in Shelby County before so there is no legal precedent. The judge gave the county attorneys two days to find an example of this form of ousting in another jurisdiction before he decides if it will stand in Shelby County.
Court is back in session Thursday.