Tuesday, March 29, 2022

St. Louis Circuit Attorney Kim Gardner accused of misconduct

by: Vic Faust

Correction: A previous version of this article stated that this case was before the Missouri Supreme Court. The court says the case is currently before a disciplinary panel.

ST. LOUIS — The Missouri Bar Ethics Department filed a massive complaint against St. Louis Circuit Attorney Kim Gardner, accusing her of professional misconduct. Gardner has a hearing set for April 11. That panel is responsible to determine if there is any wrongdoing before it moves ahead. If she is found guilty, she could lose her law license.

After studying the 73-page complaint, Brad Young of Harris Dowell, Fisher, and Youn said it alleges how Gardner fostered and promoted the perjury charges that were leveled against William Tisaby. He said she is accused of allowing Tisaby, her lead investigator, to commit perjury and that she took no steps to correct the record once she was made aware of his actions.

The case is not yet in front of the Missouri Supreme Court. If the panel moves the case forward then it could be in front of the high court.

“If the Missouri Supreme Court finds that she is guilty of ethics charges and professional misconduct, it could result in probation, a suspension of her law license, or disbarment,” said Young.

If that happens, under Missouri law, Gardner would be ineligible to be the circuit attorney. Also under Missouri law, Gov. Mike Parson would be empowered to appoint a replacement if he so desired.

When asked if the case could be continued in April, Young responded: “At this time, she has received two, if not three. But there is a chance it will be continued, but a greater chance it will be heard on April 11.”

It’s important to note the Tisaby guilty plea does not include Kim Gardner. Also, the accusations made in the 73-page complaint still have to be proven at the hearing.

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