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Kim Gardner filed order dated day before resignation trying to appoint St. Louis County prosecutor as 'transition manager'

Former St. Louis Circuit Attorney Kim Gardner tried to appoint St. Louis County Prosecutor Wesley Bell, but a judge did not sign the order.

ST. LOUIS — In a memo dated one day before her abrupt resignation, former St. Louis Circuit Attorney Kim Gardner gave a handwritten order to the court asking to appoint St. Louis County Prosecutor Wesley Bell as the “interim to act as the transition manager.”

Gardner wrote, “Comes now Circuit Attorney Kimberly Gardner of the City of St. Louis ask the Court to appoint St. Louis County Prosecuting Attorney Wesley Bell in the interim to act as the Transition Manager for the Circuit Attorney’s Office exercising all powers granted the Circuit Attorney to be effective as of May 15, 2023,” according to the document obtained by a Sunshine request. 

Presiding Judge Elizabeth Hogan did not sign the order, which Bell handed to her Tuesday, according to sources familiar with the matter.

Bell’s spokesman Chris King planned a press conference for 1 p.m. Tuesday to discuss how Bell would be assisting Gardner during the 10 days before her expected June 1 resignation. King, Bell and other members of Bell’s staff were at Gardner’s office in downtown St. Louis Tuesday prepared to begin issuing cases.

When the press conference was scheduled to begin, King told reporters Gardner’s unexpected resignation meant she lacked the authority to make the appointment.

It’s unclear whether Gardner would have had the authority to appoint Bell to her office in the first place, as he, too, is an elected official who, by law, is to devote his entire time in office to carrying out the duties of that office. A judge would have had to sign off on the appointment.

By law, the governor appoints an interim prosecutor if the position is vacated. Gov. Mike Parson is interviewing three finalists Wednesday and plans to make an announcement on his decision Friday.

He has appointed his General Counsel, Evan Rodriguez, to serve as the Interim Circuit Attorney with attorneys from the Missouri Attorney General’s Office assisting to run the office until the appointment is made.

Parson told reporters he was unaware of any plans to involve Bell in the transition.

    

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