Judge Appointed in Case to Remove Dem Attorney Kim Gardner from Office

a Democrat might be removed from Office over this

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.

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

“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