MONTGOMERY COUNTY (WSLS 10) - A judge dismissed the case to remove Montgomery County Circuit Court Clerk Erica Williams from office on Monday.
Retired judge William Alexander from Franklin County ruled the petition used to oust Williams was not prepared correctly.
The signers should have been put under oath because they were signing under penalty of perjury, according to Alexander.
The petition was filed after Williams did not reappoint four deputy clerks.
Special prosecutor Ed Stein from the Alleghany County Commonwealth Attorney's Office said he plans to appeal the ruling.