Making good on his threat to initiate quo warranto proceedings should St. Louis Circuit Attorney Kim Gardner refuse to resign in the face of serious allegations of malfeasance on the part of her office, Missouri Attorney General Andrew Bailey announced that he filed a petition to remove Gardner from office at 12:01 pm on Thursday.

We gave Circuit Attorney Gardner the chance to do the right thing and resign, she has refused to do so, and my office filed a quo warranto at 12:01 PM to remove her from office immediately.

— Attorney General Andrew Bailey (@AGAndrewBailey) February 23, 2023

Along with the petition, Bailey’s office filed a 29-page memorandum (Suggestions in Support) setting forth the basis for the request. The document outlines Gardner’s “failure to manage and prosecute criminal cases” — including, but not limited to, the case of Daniel Riley, the man whose reckless driving caused the February 18th accident which robbed 17-year-old Janae Edmondson of her legs — her “failure to inform and confer with victims,” and her “refusal to exercise her judgment to determine whether there is evidence sufficient to justify a prosecution.” The memorandum concludes:

There are few positions of public trust in which greater trust resides than that of elected prosecutor. The safety and security of our communities rests, in large part, upon faithful prosecutors who vigorously uphold the law by seeking both to hold the guilty accountable and to protect the innocent.

Respondent has diminished the safety and security of the people of the City of St. Louis, and she has diminished public trust in the office of the Circuit Attorney specifically and the Criminal Justice System generally. Respondent’s conduct in failing to fulfill her duties constitutes a violation of Section 106.220, and, as a result, Respondent has forfeited her office. Respondent has not faithfully demeaned herself in office, and she has not upheld the Missouri Constitution and the laws of the State. Respondent is, thus, a usurper who must be ousted from office.

In conjunction with the filing, AG Bailey held a press conference Thursday afternoon.

Missouri Attorney General Andrew Bailey's press conference on St. Louis Circuit Attorney Kim Gardner
https://t.co/P6CfpQMVvN

— FOX2now (@FOX2now) February 23, 2023

Addressing the burden of proof his office will need to meet to force Gardner’s removal, Bailey stated:

“We need to prove neglect. We believe that the allegations of the petition establish neglect. And we need to prove that under the civil burden of proof, as provided in statute and Missouri Supreme Court rule. And I’ll tell you this, there are inconsistencies in her excuses and the docket entries on Case Net. And we’re going to get to the bottom of that.”

Later on Thursday, Gardner responded with her own press conference, one marked by interruptions from her supporters shouting about racial harassment.

Gardner held a press conference following the public outcry against her for the handling of a prosecution of 21-year-old Daniel Riley, who was out on bail after violating his bond multiple times. Riley over the weekend struck teenager Janae Edmondson, who was visiting St. Louis with her family on Saturday for a volleyball tournament. Police say Riley was speeding, failed to yield and caused a collision, ultimately striking and pinning Edmondson, who remains in the hospital after both her legs were amputated after sustaining injuries from the crash.

“Can you stop the race harassment … what do you have to stop the racist people from harassing you and intimidating you? And it still comes from not the federal government, but we know we have no friends in Jefferson City,” one person shouted after Gardner gave her opening remarks. Jefferson City is the state capital, home to the attorney general’s office.

Gardner responded, echoing the racial angle and insisting her office is being unfairly maligned.

“Well, I think that’s a very complex question. It’s about the people of the city of St. Louis that elected me to do a job. And what we have to do is do our job fairly and justly. There are numerous attacks on our office. There are numerous individuals that have an agenda to make sure that my office does not succeed.”

“That is not an excuse. But at the same time, we know we do not control every part of the system. But what we can control is we’re going to fight very hard for justice in spite of the vitriol, the hate, the racist attacks, the known manipulation of the court procedures to make sure our office fails.”

Shortly after the AG’s office filed the quo warranto proceedings, the judges of the 22nd Circuit (City of St. Louis) recused themselves from the matter, with an Order from Presiding Judge Elizabeth Hogan noting:

After meeting with the advisory committee, each of whom are duly elected by the court en Banc and having been put on notice that any/all judges may be called to testify, an actual conflict exists for each judge. Further there is an appearance of impropriety for each judge. Therefore 22nd circuit hereby recuses itself.

According to Bailey, the next step will be for the Missouri Supreme Court to appoint a judge to oversee the proceedings. In an interview with KSDK Thursday evening, Bailey expressed hope that the appointment would come as soon as Friday.