(The Center Square) – In addition to hundreds of office documents from Democratic St. Louis Circuit Attorney Kim Gardner in a case to remove her from office, Republican Missouri Attorney General Andrew Bailey wants information on Gardner taking nursing classes at St. Louis University.
A judge on Tuesday overruled Gardner’s motion to stop Bailey from getting documents and deposing witnesses in a quo warranto case against her. Bailey announced Wednesday during a late-afternoon press conference outside his office in Jefferson City he subpoenaed the school to obtain all records showing Gardner is taking advanced nursing classes. Bailey quoted a Missouri statute requiring elected officials devote their full time and energy to their office.
“Obtaining a nursing degree is not one of her official duties,” Bailey said. “Prosecuting criminals is. Yet she has consistently failed to charge new cases, confer with victims and move the cases she does charge to disposition.”
Deputy Attorney General William Corrigan told reporters Judge John Torbitzky’s decision to allow 90% of Gardner’s documents in 59 categories was significant.
“We look forward to getting that information after two months of delays,” Corrigan said. “And the judge ordered them to produce those documents within the next 30 days.”
However, Torbitzky on Tuesday granted Gardner’s motion that he step aside on the case. The Missouri Supreme Court will appoint the next judge to oversee the case.
The state’s highest court also appointed Torbitzky, an appeals court judge, when all judges in the 22nd Circuit Court recused themselves from the case as all are potential witnesses.
Last week, several media outlets reported more prosecutors resigned from Gardner’s office. The departures came the day after media outlets reported St. Louis Circuit Court Judge Michael Noble called Gardner’s office “a rudderless ship of chaos” before ordering a contempt of court hearing against her for May 30.
“Every minute she remains in office puts lives and property in St. Louis at risk,” Bailey said. “The criminal justice system in the City of St. Louis has ceased to function and people are suffering from her unlawful refusal to do her job. We know that she was not fulfilling her official duties. Now it appears she is further violating the law and the statute by pursuing other duties outside of those permitted by statute or authorized under the law.”
A Gardner spokesperson said the nursing classes are helping her in the office by better understanding the health care system.
“Circuit Attorney Gardner believes the issues in our criminal justice system often relate to our broken healthcare system,” according to a statement attributed to the spokesperson published by The Riverfront Times. “After serving as a line attorney at the Circuit Attorney’s Office and seeing firsthand the underlying issues that drive crime, she became a Registered Nurse. She continues to stay current with classes at Saint Louis University to add to her training and advance her mission at the CAO. The Circuit Attorney has done this at great personal cost to her time with her family and loved ones. Any suggestion that she is not fully committed to her duties as Circuit Attorney is blatantly false.”
This article First appeared in the center square
