ST. LOUIS — Circuit Attorney Kimberly M. Gardner wants a new judge to preside over a case aimed at removing her from office.
Attorneys for Gardner did not explain their reasoning in a brief filing making the request Friday. If the request is granted, the state Supreme Court will choose the replacement.
It would be the latest wrinkle in a case that has captivated the region in recent weeks.
State Attorney General Andrew Bailey is trying to oust Gardner following years of rising concern about mishandling of cases, understaffing and organizational dysfunction in Gardner’s office. He has formally accused Gardner of failing to prosecute cases by dismissing charges and allowing others to languish, failing to properly communicate with victims, and failing to review thousands of cases submitted by Ƶ police.
Gardner, for her part, has cast the lawsuit a political stunt aimed at thwarting the will of Ƶ voters, who have elected her twice.
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The two sides had their first hearing April 18 in front of Judge John Torbitzky, an appellate judge appointed to preside over the case after all the city circuit court judges recused themselves, arguing they could be called as witnesses in the proceedings.
Torbitzky heard arguments on whether Bailey’s lawsuit should be dismissed and what evidence city prosecutors must provide to the attorney general. He also set a tentative date of Sept. 25 for a three-week trial.
In a filing Saturday, the attorney general’s office did not oppose Gardner’s request for a new judge, saying legal precedent effectively required it to be granted.
But the office said that since Torbitzky has already heard arguments on Gardner’s motion to dismiss the lawsuit, he should rule on that before he goes.