Kim Gardner wants new judge in effort to remove her from office
ST. LOUIS – St. Louis Circuit Attorney Kim Gardner has requested a new judge to oversee the Missouri attorney general’s effort to remove her from office.
According to Missouri court records, Gardner’s attorney Michael Downey filed a motion for a change of judge Friday.
John Torbitzky was assigned as the special judge to the case in February. If Gardner’s request is approved, the state Supreme Court would choose his replacement.
Missouri Attorney General Andrew Bailey originally filed a writ of quo warranto against Gardner on Feb. 23, accusing her of neglecting her duties as circuit attorney. He amended his petition last month to include additional allegations of neglect.
Outrage against Gardner stems from a tragedy in February involving Janae Edmondson, an out-of-town teenager who suffered a life-changing injury in St. Louis due to a driver who was out on bond awaiting trial for armed robbery.
In an April 18 court hearing addressing this case, attorney’s for Gardner asked Judge Torbitzky to dismiss the case. After hours of discussions, Torbitzky set a tentative trial date in the ouster effort for Sept. 25.
Close Thanks for signing up! Watch for us in your inbox.
Following Gardner’s request for a different judge, the Missouri attorney general filed a motion for consideration, per Missouri court records. Bailey’s office contends, since Torbitzky already heard arguments about Gardner’s motion to dismiss the lawsuit, he should at least rule on that motion in before any potential scenario through which he might be replaced.
Unrelated to this case, a judge ruled to move forward with “indirect criminal contempt” proceedings against Gardner after she failed to show up to two court hearings in an armed robbery case. Judge Michael Noble scheduled a hearing for next month and weighed in on Gardner by saying “the Circuit Attorney’s Office appears to be a rudderless ship of chaos.”
Source: KTVI Fox 2 St. Louis
