St. Louis Circuit Attorney Kim Gardner, described as “embattled” by multiple news sources, announced her resignation on Thursday. The decision came after she faced accusations of mismanaging her office by the state attorney general and contempt of court charges from a frustrated judge. Gardner’s resignation is set to take effect on June 1, with Republican Missouri Governor Mike Parson appointing her successor.
The criticism of Gardner stemmed from Judge Michael Noble, who appointed a special prosecutor to pursue a contempt case against Gardner and one of her attorneys. The charges were filed after neither appeared for an assault trial and a subsequent hearing. The judge referred to Gardner’s office as a “rudderless ship of chaos,” according to the St. Louis Post-Dispatch.
The tumultuous situation within Gardner’s office is further evident in the fact that nearly a third of her staff resigned over a two-month period. Additionally, tragedy struck as another prosecutor from Gardner’s office passed away in a car crash the previous evening, as reported by KSDK.
Meanwhile, a different judge allowed Republican Missouri Attorney General Andrew Bailey to proceed with seven out of the ten counts in his lawsuit aimed at removing Gardner from her position. The lawsuit accuses Gardner of willfully neglecting her duties, including prosecuting cases, making charging decisions, keeping victims informed, and ensuring defendants receive a speedy trial. In a decision issued on Tuesday, Judge John Torbitzky determined that all but three counts raise a reasonable inference that Gardner intentionally failed to fulfill her obligations. However, Torbitzky also acknowledged the possibility that these incidents could be isolated and strung together to build a case against Gardner, as reported by KMOV.
Gardner, a progressive Democrat, has previously stated that the attempt to remove her from office is politically motivated. As a result, she requested Torbitzky’s replacement, which was granted on Wednesday.
On the same day, Attorney General Bailey filed subpoenas seeking records of Gardner’s current enrollment in an advanced nursing program at Saint Louis University. The state attorney general also sought records from a healthcare clinic regarding Gardner’s work hours there. Bailey commented to reporters that if Gardner aspires to be a nurse, she should cease pretending to be a prosecuting attorney.
Although the university confirmed Gardner’s enrollment in the nursing program to the Riverfront Times, specific details were not provided. Gardner’s spokesperson mentioned that she became a nurse after working as a line attorney at the circuit attorney’s office, stating that her decision was influenced by firsthand experiences with the underlying issues contributing to crime. The spokesperson further asserted that Gardner remains committed to her duties and continues to pursue classes at Saint Louis University to enhance her training.
Gardner cited pending legislation as one of the reasons for her resignation. She expressed concerns that the proposed legislation would diminish her powers and permanently eliminate the right of St. Louis voters to elect their circuit attorney.
Miriam Aroni Krinsky, the executive director of Fair and Just Prosecution, a network of elected local prosecutors dedicated to promoting a fair, equitable, compassionate, and fiscally responsible justice system, released a statement regarding Gardner’s resignation. Krinsky commended Gardner as a tireless advocate and public servant who faced relentless attacks from opponents of reform. She emphasized the importance of avoiding the undemocratic disenfranchisement of the community and expressed support for Gardner’s decision to step aside to ensure the people of St. Louis retain their right to vote for their circuit attorney. Krinsky also denounced the personal attacks faced by change agents and highlighted the challenges Black women elected prosecutors faced.
In summary, St. Louis Circuit Attorney Kim Gardner’s resignation follows a series of accusations, contempt charges, and challenges to her performance. The decision comes amidst a contentious legal landscape and pending legislation that could significantly impact the powers of her position.