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Kim Gardner steps down as circuit attorney, Parson expects to pick replacement by Friday

Gardner was due in court Tuesday for another hearing in Missouri Attorney General Andrew Bailey's effort to remove her from office.

ST. LOUIS — St. Louis Circuit Attorney Kim Gardner stepped down on Tuesday.

A message from Gardner's office at 12:30 p.m. said her departure was effective immediately.

"The Circuit Attorney has worked with St. Louis County Prosecuting Attorney Wesley Bell and his office to ensure a comprehensive transition plan is in place to handle cases that prioritizes public safety," the statement said. "Effective immediately, Kimberly M. Gardner will end her service as the City of St. Louis Circuit Attorney. Ms. Gardner has been committed to serving the people of the City of St. Louis and has done all she can to ensure a smooth transition. Further inquiries about ongoing cases can be directed to St. Louis County Prosecuting Attorney's Office."

She had previously announced she would be resigning on June 1.

Gardner informed the governor's office in an email at 11:31 Tuesday morning. She confirmed that her resignation was effective immediately in an email sent at 11:48.

In a news conference, Gov. Mike Parson said his office is still working to pick a replacement for Gardner. He said his office hopes to pick a replacement by Friday, but until then, he said the Missouri attorney general's office will assist the circuit attorney's office.

Parson's office said work will begin Wednesday to get an accurate count of how many cases are pending in the St. Louis Circuit Attorney's Office (Gardner's staff told legislators the case number was around 3,000, while the police department said it's more like 4,000), how many staff attorneys are left (an I-Team report last week included a payroll list that showed 19 with the title of "attorney" in their name) and what the rest of the staff is assigned to do.

Sources with the governor's office confirmed Tuesday night that Parson has appointed General Counsel Evan Rodriguez as an Interim St. Louis Circuit Attorney. Rodriguez was sworn in at the Carnahan courthouse late Tuesday. 

The Missouri Attorney General's Office will help Rodriguez as Parson finishes interviewing candidates to serve as his permanent appointee. Missouri Attorney General Andrew Bailey has also appointed Deputy Attorney General Bill Corrigan to lead the team that will help Rodriguez.

Parson said Wesley Bell's office could help in the transition as well.

When asked who was in charge of the circuit attorney's office after Gardner's resignation, a Parson spokeswoman did not say but reiterated that the attorney general's office would be on hand to assist the office.

Attorney General Andrew Bailey provided the following statement: 

"The Circuit Attorney has finally heeded my call to resign after undermining the rule of law for years. Today, we begin the process of restoring public safety to the City of St. Louis. Upon the Governor’s authority to appoint the Attorney General’s Office to assist, I am sending Deputy Attorney General, Judge Bill Corrigan, and his team today to immediately receive referrals from police and start the process of clearing the backlog of cases until the Governor appoints the newest Circuit Attorney." 

Bell announced last Friday that his office was helping Gardner's office at her request. In a press conference on Tuesday, Bell's spokesman Chris King said Bell was waiting to hear from the St. Louis presiding judge or Gov. Mike Parson on how to proceed, King said.

King says Gardner had the authority while serving as Circuit Attorney to ask Bell's office to handle the transition. However, because Gardner unexpectedly resigned today, it's put them in a grey area.

"We did not expect Circuit Attorney Gardner to resign today," King said.

King said they are fine with staffing to help with the transition. He says county prosecutors are at the city office right now learning warrant office procedures.

The transition plan was still being worked out at the time that Gardner resigned, King said.

Parson was in St. Louis to meet with elected and faith leaders in the St. Louis area to talk about the transition. Mayor Tishaura Jones' office provided the following statement:

"Today, Mayor Jones and Governor Parson met at City Hall to discuss the needs of the Circuit Attorney's Office, as the Circuit Attorney resigned earlier than previously expected. The Mayor and Governor agreed that restoring faith in this office is critical to a functional criminal justice system. She also re-emphasized that the appointment should serve as a caretaker for the office who can make much-needed changes without the distraction of re-election politics in 2024.

"Mayor Jones appreciates Governor Parson’s commitment to engaging St. Louis’ elected and community leaders as he makes this critical decision, as well as St. Louis County Prosecutor Wesley Bell for his willingness to extend assistance in the interim. We remain ready to support the Circuit Attorney's Office through this transition."

The prosecutors from Franklin, Jefferson, Lincoln St. Charles, St. Louis and Warren counties provided the following statement:

"St. Louis regional prosecutors have been in communication and have pledged to work together in a collaborative effort to assist the Governor’s appointee in a regional effort to pitch in and provide expertise and legal advice in any manner we can.

"The regional advisory group is also willing to assist the interim prosecutor in any legal way, shape or form as directed by the Governor or Attorney General."

Gardner was due in court Tuesday for another hearing in Missouri Attorney General Andrew Bailey's effort to remove her from office. Bailey said previously he would continue the effort even after Gardner announced she would be leaving office on June 1.

At Tuesday's hearing, Gardner's legal team requested the quo warranto case be dismissed because it is now moot. The judge took the request under advisement and set another court date for next Tuesday so the court could get more clarity on what was happening with the transition.

Bailey's team said it would not oppose the motion to dismiss, and said another hearing in the case may not be necessary.

Parson opened up applications to replace Gardner earlier this week and received 18 applicants.

Gardner’s office has been under mounting pressure after contempt of court hearings, staff attorney resignations, and the handling of high-profile cases.

In one case, a 17-year-old volleyball player was critically injured in a crash caused by a suspect who was supposed to be on house arrest.

Janae Edmondson and her family were walking back to their hotel in downtown St. Louis on Feb. 28 when police said 21-year-old Daniel Riley sped down St. Charles Street, failed to brake, hit several cars and pinned Edmondson. Edmundson lost both of her legs in the crash.

The I-Team reported that Riley had violated his GPS monitoring conditions at least 90 times since he was first charged with armed criminal action and robbery in September 2020. 

RELATED: Parents of volleyball player who lost legs in crash speak at suspect's detention hearing

After a steady stream of resignations, the ranks of assistant prosecutors in Gardner's office are almost entirely depleted. At last report, she has just one prosecutor on staff who can handle violent felony trials, and they're each saddled with staggering burdens of hundreds of case files.

The workload has grown so large, prosecutors have missed serious criminal court hearings, judges have issued public rebukes, and distressed staff have exited Gardner's office with sordid tales of a toxic work environment.

View Parson's full update regarding Gardner's resignation here:

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