ST. LOUIS–One day after Kim Gardner left office as St. Louis Circuit Attorney, resigning ahead of a planned June 1 date, a judge dismissed pending counts of indirect criminal contempt Gardner and another now-former assistant circuit attorney faced for failing to appear for a trial. In a separate matter, Missouri Attorney General Andrew Bailey's office voluntarily dimissed its suit seeking Gardner's removal from office.
Circuit Judge Michael Noble, rumored to be among those who have expressed interest in pursuing an appointment as interim Circuit Attorney, dismissed the contempt charges against Gardner and Christopher Desilets on Wednesday.
After Desilets failed to appear for an April 10 trial and an April 24 hearing to explain his absence, Gardner did not attend a show-cause hearing that led to Noble declaring that the Circuit Attorney’s Office was “a rudderless ship of chaos.”
Desilets resigned soon after. Gardner first announced her resignation, effective June 1, on May 4.
With both now out of office, the contempt matter is a moot point, as was the state's quo warranto proceeding that sought her removal. The judge overseeing that case on Tuesday put a pause on all discovery, depositions and subpoenas. It had been scheduled to go to trial in September.
Also Wednesday, Evan Rodriguez, Missouri Gov. Mike Parson’s General Counsel, begins his first day as acting interim Circuit Attorney, with support from the Attorney General’s office until Parson’s appointee takes office. Candidates are being interviewed Thursday with an announcement still hoped for Friday.
A Parson spokesperson confirmed that Rodriguez was not one of the 18 applicants who met Monday’s filing deadline and is not being considered for the full interim appointment.
An office in turmoil was thrust into even more uncertainty Tuesday upon Gardner’s immediate resignation. St. Louis Prosecuting Attorney Wesley Bell, who had been working with Gardner on an unspecified transition plan, was at the Circuit Attorney’s Office and ready with staff but was waiting for a court order or Parson to authorize the work. Neither happened, with Parson telling reporters he was unaware of any role for Bell in a transition.
“Kim's resignation before a transition was in place legally rendered the matter moot. Just as we were prepared to help her, we're prepared to help whatever legal authority is in place in the office,” Bell spokesman Chris King told Spectrum News late Tuesday afternoon.
Bell’s offer of support was met with some skepticism from members of the St. Louis County Council, who supported a measure by Republican Councilman Dennis Hancock calling for Bell’s office to keep close watch of county taxpayer dollars spent helping the city’s efforts to ensure that the county gets reimbursed. It did not include language requiring Council approval before the aid was rendered. Hancock’s Navy analogy of getting away from a sinking ship rankled Democrats on the panel, which ultimately voted 4-3 in opposition.
While Gardner’s resignation cooled state legislation that would authorize the appointment of a special prosecutor for violent crime, leaders in the region who voiced support for merging the offices of the St. Louis County Prosecuting Attorney with the St. Louis City Circuit Attorney’s Office, say there’s still merit in the idea and in merging the two circuit courts themselves.
Franklin County Presiding Commissioner Tim Brinker and Brentwood Mayor David Dimmitt reiterated that belief while attending a crime summit Wednesday in St. Louis featuring elected officials, law enforcement and others from across the St. Louis region.
That consolidation would require state legislation. State Sen. Nick Schroer R-St. Charles County told Spectrum News last week he believed such an idea would take several years to get through the General Assembly.