Authored by Janice Hisle via The Epoch Times (emphasis ours),
Days after an embattled prosecutor vowed she would never resign from office, a judge ruled that removal proceedings against her would continue.
On May 2, Visiting Judge John Torbitzky ordered seven out of 10 claims against St. Louis Circuit Attorney Kim Gardner to move forward. He denied her lawyers’ request to throw out all of the accusations.
Torbitzky has been presiding over the case that Missouri Attorney General Andrew Bailey brought against Gardner, a Democrat.
Gardner has accused Republican Bailey of playing politics.
Bailey filed a petition alleging that Gardner shirked her responsibilities and should forfeit her elected office. Her lawyers say Gardner committed no intentional acts that would warrant her removal.
Torbitzky said he made “reasonable inferences” that Gardner willfully failed to “prosecute cases, make charging decisions, keep victims informed, and ensure defendants and victims receive a speedy trial,” as Bailey alleges.
The judge dismissed three allegations that didn’t fit the type of conduct that could lead to an officeholder’s removal.
Gardner also faces other accusations. Last week, a separate judge found that her office’s no-shows at court proceedings warranted an allegation of “indirect criminal contempt.” A hearing in the contempt case is set for May 30.
The St. Louis Post-Dispatch reported that an assistant prosecutor involved in that case has resigned, as did a second assistant who avoided a contempt citation.
The recent departures are adding to judges’ concerns about Gardner’s office being understaffed, a court spokesman said.
‘Witch Hunt’ Alleged
During a public meeting at a local church on April 29, Gardner said her enemies “want to capture every word I’m saying, so they can use this as a soundbite for criminal contempt or a vehicle to try to take me out of office.”
“What you’re seeing is a witch hunt,” she said in the meeting recorded by KSDK News and posted on YouTube.
Gardner declared emphatically: “I’m not leavin’. I’m not resigning. I’m not doing nothing. [sic] You will have to remove me.”
And, at one point, she said, “You can’t take me out, because I’m not afraid of none of this [sic].”
Gardner, seeking reelection in 2024, is among many progressive prosecutors who received backing from funds from billionaire George Soros. According to The Missouri Times, Gardner’s campaign benefited from Soros’s largesse. Several Soros-backed prosecutors have been accused of being soft on crime.
‘Change of Judge’
In the removal case, Torbitzky’s ruling followed an April 18 hearing where he heard arguments from both sides.
The state Supreme Court, which appointed Torbitzky, will need to select another judge to hear the case. Torbitzky had no choice but to grant Gardner’s lawyers’ request that he be replaced.
A Missouri procedural rule allows “a change of judge” once in every civil case, no questions asked. When they filed a motion under that rule, Gardner’s lawyers gave no reasons for seeking a replacement judge.
Meanwhile, Bailey is accusing Gardner’s lawyers of stonewalling requests for records and stalling the proceedings.
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