Missouri AG launches effort to remove St. Louis prosecutor. What you need to know
Missouri Attorney General Andrew Bailey on Thursday filed a legal motion to have St. Louis Circuit Attorney Kim Gardner removed from office.
The action comes after a chorus of elected officials called on Gardner to resign after a driver who repeatedly violated his bond allegedly injured a 16-year-old volleyball player from Tennessee, resulting in both of her legs being amputated.
Bailey, a Republican, and others have accused Gardner, a Democrat, of neglecting her duties because the driver had violated his bond. Gardner, in response, has accused the judge in the driver’s case of denying prosecutors’ requests for a higher bond.
Bailey’s motion, which accuses Gardner of neglect, represents the latest battle over Gardner’s handling of the office. Gardner, the first Black woman to be elected as St. Louis’ top prosecutor, has repeatedly clashed with Republican lawmakers in Jefferson City during her tenure.
While lawmakers of both parties have criticized Gardner’s handling of the case, some view Bailey’s motion as another example of Republicans targeting a progressive, Black official.
Here’s what you need to know about Bailey’s action against Gardner.
Who is Kim Gardner?
Kim Gardner, an outspoken advocate for police reform, was elected as St. Louis’ top prosecutor in 2016. She won election to a second term in 2020.
Gardner, during her time in office, has repeatedly faced backlash from Republicans over how she’s run the office. Much of that criticism stems from Gardner’s prosecution of former Missouri Gov. Eric Greitens in 2018.
Last year, Gardner was reprimanded by the Missouri Supreme Court for her handling of the invasion of privacy case against Greitens. As part of an agreement with the court, she admitted to failing to disclose evidence — handwritten notes — to attorneys representing Greitens.
Greitens was indicted for felony invasion of privacy in the 2018 case, but Gardner dropped the case a day before it was set to go to trial. She agreed to drop an additional computer tampering charge against Greitens as part of an agreement that coincided with Greitens’ voluntary resignation from office.
Republican lawmakers are also targeting Gardner’s handling of crime in St. Louis. A bill filed this year would allow Republican Gov. Mike Parson to appoint a special prosecutor to any circuit or prosecuting attorney’s jurisdiction for five years if he deems there is a threat to public safety.
Why do Bailey and other officials want Gardner removed from office?
Bailey and other officials, including Missouri Gov. Mike Parson, want Gardner removed after a motorist who had repeatedly violated his bond struck and injured a teenager in St. Louis this week.
Police say Daniel Riley, 21, was speeding and failed to yield at an intersection when his vehicle hit another car that then struck 16-year-old Janae Edmondson. Riley, who was out on bond for a 2020 robbery charge that was dismissed and refiled last year, had violated the conditions of his bond several times including by letting his GPS monitor die.
Bailey has criticized Gardner for not filing a motion to revoke Riley’s bond. On Thursday, Bailey said Gardner illustrated a “continued pattern of failure” to “discharge her moral and legal duties.”
St. Louis Mayor Tishaura Jones has not gone as far as Bailey, but called on Gardner to improve the way her office is run.
“If she cannot do so, then she must do some serious soul-searching about her future as circuit attorney because she has lost the trust of the people,” Jones, a Democrat, posted on Twitter Wednesday.
Gardner’s office released a timeline Wednesday that said prosecutors had asked the judge in Riley’s case for a higher bond. The statement shifted the blame to the judge.
“Judges have the sole authority to determine the bond conditions of a defendant. Bond violations and decisions do not solely rest on the shoulders of prosecutors,” the statement said. “In this matter, prosecutors asked on several occasions for higher bonds, and those requests were denied.”
What will this process look like?
Bailey on Thursday filed a legal motion called a writ of quo warranto to have Gardner removed from office.
The legal proceeding, which is set up in state law, is rarely used in Missouri. It requires Bailey to prove to a judge — instead of a jury — that Gardner has neglected the duties of her office. If a judge agrees, Gardner could be ousted.
If Gardner is removed from office or resigns, Missouri Gov. Mike Parson would be in charge of appointing a replacement to fill her office. Bailey on Thursday said his office would use every legal method necessary to expedite the process.
But legal experts who spoke with The Star questioned whether Gardner’s actions are grounds for removal under the law, which is typically used when an official commits a criminal action.
“I just don’t see this rising to the level of something that would be a quo warranto type of a removal from office for gross incompetence or failure to perform your office,” said Joseph Dandurand, who served as chief deputy attorney general in Missouri from 2009 to 2017.
Dandurand said he has a lot of respect for Bailey, but was dismayed by this action.
Gardner was scheduled to hold a press conference Thursday at 2:30 p.m.
What is Bailey alleging?
Bailey’s motion offers three claims for why Gardner should be removed from office:
Bailey’s first claim is that Gardner has failed to prosecute pending cases in St. Louis. Bailey told reporters Thursday that Gardner has allowed cases to languish in court before they’re eventually dismissed.
Secondly, Bailey alleges that Gardner has failed to stay in contact with victims of crimes and inform them of what’s going on in their cases in violation of her “constitutional, statutory and moral obligation.”
Finally, Bailey says that Gardner has neglected her duties by failing to charge new cases brought by the St. Louis Metropolitan Police Department.
“These three behaviors constitute a continued pattern of failure to discharge her duties in office and represent neglect,” Bailey said Thursday. “At the end of the day, this is about the rule of law and about justice.”
How often has this been used?
Bailey on Thursday acknowledged that this form of legal action is extremely rare in Missouri.
“It is not something that we take lightly,” he said.
In 2009, then-Missouri Attorney General Chris Koster, a Democrat, filed a similar motion to remove Dent County Prosecutor Jessica Sparks, a Republican, from office. Koster alleged that Dent had neglected her office by failing to pursue more than 250 pending cases.
Dent eventually resigned before the proceedings took place.
Chuck Hatfield, a Jefferson City-based attorney who was Jay Nixon’s chief of staff when he was attorney general, said quo warranto proceedings are typically used when an official is involved in illegal actions or nepotism.
“These happen every few years in history,” he said. “What’s a little unusual is to see one that is brought alleging sort of dereliction of duties or failure to do your job.”
