Hancock & Kelley: Missouri AG v. St. Louis Circuit Attorney

Missouri Attorney General Eric Schmitt has initiated a legal challenge against St. Louis Circuit Attorney Kim Gardner for her alleged failure to uphold her obligation to prosecute all crimes in a fair and impartial manner.

Schmitt has filed a petition with the Missouri Supreme Court, arguing that Gardner has failed to properly fulfill her duties as the St. Louis Circuit Attorney by selectively prosecuting certain criminal cases while failing to prosecute others. In particular, the Attorney General has pointed to Gardner’s refusal to pursue criminal charges against Mark and Patricia McCloskey, who were recorded in June pointing guns at protesters marching past their home.

The petition states that Gardner has “failed to perform her ministerial duties by selectively prosecuting certain cases while failing to prosecute others,” and further alleges that Gardner has “engaged in a pattern of prosecutorial misconduct and misfeasance that has undermined the public’s confidence in the criminal justice system.”

The petition goes on to state that Gardner has “failed to exercise her discretion in a fair and impartial manner,” and that her actions “create the appearance of impropriety and undermine public trust and confidence in the legal system.”

The Attorney General’s action has been met with criticism from some civil rights activists, who argue that the case is politically motivated. However, Schmitt has maintained that his legal challenge is intended to ensure that Gardner is held accountable for her actions and that all criminal cases are prosecuted in a fair and impartial manner.

At the heart of Schmitt’s challenge is the issue of the Circuit Attorney’s discretionary power to prosecute or not prosecute particular cases. Schmitt has argued that Gardner has exercised her discretion in an improper fashion and that her actions have undermined public confidence in the criminal justice system.

In bringing his challenge before the Missouri Supreme Court, Schmitt is seeking to ensure that Gardner is held accountable for her actions and that the people of St. Louis can have confidence that their criminal justice system is functioning properly.