AG Andrew Bailey on Thursday filed a petition quo warranto, a legal mechanism that allows the attorney general to remove a prosecutor who neglects duties. The AG will have to prove to the Judge that Gardner neglected her duties and should be removed, at the end of this the decision is up to Torbitzky.
Bailey claims that Gardner was negligent in the prosecution against a 21-year-old who had been out on bail after violating his bond multiple times. Over the weekend that 21-year-old struck a teenager.
Instead of protecting victims, Circuit Attorney Gardner is creating them. My office will do everything in its power to restore order, and eliminate the chaos in St. Louis caused by Kim Gardner’s neglect of her office.
— Attorney General Andrew Bailey (@AGAndrewBailey) February 23, 2023
Police say he was speeding and failed to yield and caused the collision; the teen who was struck is in the hospital after both legs were amputated from the crash.
“An actual conflict exists for each judge. Further, there is an appearance of impropriety for each judge. Therefore, 22nd circuit hereby recuses itself,” – judge Elizabeth Hogan
“[T]hese judges are potential witnesses for my case, and who better to testify to willful neglect than judges who adjudicate claims of willful neglect?” – Bailey
We are giving Kim Gardner until noon tomorrow to resign. If she refuses, she will face immediate removal proceedings in the form of a writ of quo warranto brought by our office.
— Attorney General Andrew Bailey (@AGAndrewBailey) February 23, 2023
“It will be like a standard bench trial, where I’ll have the burden of proof to prove under a civil standard, willful neglect in office. And she will then have the opportunity to cross-examine that evidence, and put on her own evidence if she wishes, and then the judge hearing the case will decide whether or not I met my burden of proof,” – Bailey
Kim Gardner is a Soros-funded criminal.
I’m glad to see Republicans are finally taking action.
Kim Gardner does not belong in the Circuit Attorney’s office. She belongs in a jail cell.pic.twitter.com/7cI2HlD9SN
— Eric Greitens (@EricGreitens) February 23, 2023
