St. Louis Circuit Attorney Must Resign or Face Removal, Missouri AG Says

Missouri Attorney General Andrew Bailey on Wednesday threatened to leverage a seldom-used state law to oust St. Louis Circuit Attorney Kim Gardner from office.

On Twitter Wednesday night, Bailey wrote his office is giving Gardner until 12 p.m. tomorrow to resign. If she "refuses," Bailey wrote, his office would file a writ of quo warranto. The law allows Missouri's attorney general to remove public officials from office who "usurp, intrude into or unlawfully hold or execute" their office, according to state statute.

"As [attorney general], I want to protect the people of St. Louis, and that includes protecting victims of crime and finding justice for them," Bailey tweeted.

Bailey's threat came as criticism of Gardner has mounted. Even some allies have blamed Gardner's office for allowing a 21-year-old man facing felony charges to violate the conditions of his bond at least 50 times before he crashed his car into a teen visiting St. Louis for a volleyball tournament.

The girl, 16-year-old Janae Edmondson, lost both of her legs after the crash on Saturday.

"Instead of protecting victims, Circuit Attorney Gardner is creating them," Bailey wrote. "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," Bailey wrote on Twitter.

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

Though criticism of Gardner from the attorney general's office is nothing new, even longtime supporters came after the circuit attorney after details of the case that led to Edmonson's amputation came to light.

Earlier today, St. Louis Mayor Tishaura Jones told reporters Gardner "needs to do some soul searching" on whether she wants to continue as circuit attorney. State Rep. Rasheen Aldridge, a fellow progressive now running for the Board of Aldermen, also issued a statement criticizing Gardner for her "tone-deaf response" to the tragedy.

The criticism comes even as a bill already under discussion in the Missouri legislature would allow the governor to appoint a special prosecutor if the governor determines a "threat to public safety and health" exists. The bill, sponsored by a Joplin Republican, specifically named Gardner.

Bailey was sworn in as attorney general just last month after being appointed by Gov. Mike Parson to fill the seat previously held by now-U.S. Senator Eric Schmitt. He now faces a tough reelection campaign.

If Gardner fails to resign, the quo warranto he has threatened would trigger a process much like a trial, where the attorney general's office would have to prove Gardner does not do her job.

"It's time for the Circuit Attorney to go and for the rule of law and justice to prevail," Bailey said in a statement.

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