Judge Accuses No-Show Missouri Prosecutor of Contempt, Calls Office ‘A Rudderless Ship of Chaos’

Missouri 22nd Circuit Judge Michael Noble holds a hearing on a allegation against St. Louis Circuit Attorney Kim Gardner and one of her assistants in St. Louis, Missouri, on April 27, 2023. (Janice Hisle/The Epoch Times via screenshot of pool video provided by KMOV-TV)

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.”

“It appears that Ms. Gardner has complete indifference to and a conscious disregard of the judicial process,” Noble wrote in his post-hearing decision.

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.

St. Louis Circuit Attorney Kimberly Gardner (circuit attorney.org)

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.

In a petition filed in February, Missouri Attorney General Andrew Bailey said Gardner forfeited her elected position by shirking her professional responsibilities.

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.

A visiting judge is considering whether to allow the case to proceed to trial as planned in September. The next hearing is set for May 2.

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.

Missouri Attorney General Andrew Bailey in a photo dated 2023. (Courtesy of Andrew Bailey)

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.”

Earlier this month, Gardner and a different assistant from her office faced a possible contempt citation after he failed to show up for a murder trial on April 17. However, after learning about a series of snafus, a judge withdrew the allegation, The St. Louis Post-Dispatch reported.

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.

But Desilets told the judge that there seems to be a tacit understanding: Many lawyers in the court system run late because they’re expected to be in too many places at once.

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.