A Missouri judge is advancing an “indirect criminal contempt” allegation against St. Louis Circuit Attorney Kim Gardner and one of her assistants.
On April 27, Circuit Judge Michael Noble conducted a 30-minute hearing to address why Gardner and Assistant Circuit Attorney Chris Desilets failed to attend two proceedings in a case involving the wounding of an 11-year-old girl.
After finding “sufficient evidence of disdain and disrespect for the judicial process,” Noble said he would appoint a special prosecutor to the case in Missouri Circuit Court for the 22nd District.
During the hearing, which was broadcast live via KMOV-TV, Noble also declared: “The circuit attorney’s office appears to be a rudderless ship of chaos.”
No Intent
Michael Downey, a lawyer representing Gardner, filed a written response to the contempt allegation, stating she said she had no intent to disrespect the court. He apologized on her behalf.Repeatedly, Noble noted Gardner’s absence from the contempt hearing even though she had been informed about it.
Instead, she sent one of her assistant prosecutors as her representative, along with Desilets.
The judge’s accusation against Gardner comes while she is facing formal proceedings that could boot her from office.
Gardner, in office since 2017, has asserted that there was no intentional neglect, but Bailey says the evidence will show she let thousands of criminal cases die because of her inaction.
Massive Caseloads
Overworked staff is a factor in the case that Bailey is pressing against Gardner. Noble also cited an unmanageable caseload in the contempt case.Noble pointed out that Desilets has been assigned to more than 100 felony cases, and it is Gardner’s “duty to manage the caseload of each staff member.”
“Any prudent practitioner would expect such a caseload to create countless irreconcilable conflicts,” Noble wrote.
“It does not appear that [Gardner] has made any reasonable efforts to prevent the resulting chaos.”
Attorney Defends Himself
Speaking in his own defense, Desilets told the judge that he had a medical issue on April 10, when the shooting case was set for trial. He notified the Circuit Attorney’s Office about his problem.However, Desilets acknowledged he failed to alert the court about a scheduling conflict on April 24, when a status conference was set in the shooting case.
Respect Urged
Despite explanations from both Desilets and Gardner, Noble wrote that he believed they behaved in a way that threatens to undermine the justice system.“An attorney’s violation of a court’s order constitutes an intentional disobedience and shows a clear intent to disregard the power and the authority of the judicial process,” he said. “If a court allows such disobedience to continue, then its orders will become ineffective.”
Both Desilets and Gardner will be afforded their due-process rights. Noble said they are entitled to receive evidence that is being used against them and to mount a defense as the case proceeds under a special prosecutor.
Noble set a hearing for May 30, giving the pair “reasonable time” to prepare.