ST. LOUIS — Following many calls for St. Louis Circuit Attorney Kim Gardner to resign and even be removed, legal experts and politicians are looking into what the law allows.
In Missouri, a prosecuting attorney can only be removed by a judicial process, but there are some other ways they could be disqualified if they were disbarred or facing criminal charges.
Under Missouri state law prosecuting attorneys cannot be impeached or simply removed by a mayor or governor.
“Impeachment is a more political process. We've seen that with the presidency and other things, the processes in place for unimpeachable officials is more of a judiciary process,” 5 On Your Side Political Analyst Anita Manion said.
Manion said this judicial process is not something enacted very often but the law says it can be initiated if there’s proof, they neglected their duties or committed fraud.
“There would have to be an affidavit filed alleging these misdoings. And then the court would have to decide to appoint a special prosecutor to move forward with that,” Manion said.
State Senate President Pro Tem Caleb Rowden and House Speaker Dean Plocher called for Kim Gardner’s resignation saying if she doesn't resign or isn’t removed, they’re ready to take action and actually change laws over this.
“The House passed a bill that is over in our chamber now that kind of highlights the possibility for a special prosecutor to be put in place if certain criteria are met relative to crime and those sorts of things. So that's one thing that's possible,” Sen. Rowden said.
Rowden says nothing is off the table here.
“I do think we could put different new standards relative to recall. I do think that we could re explore the idea of current, concurrent jurisdiction for the attorney general to step in and do the job if the job is not being done,” Rowden said.
He says he wants to make sure the legislature is being cautious about what they do and still wants to respect the will of the voters.
“We want to be careful not to cast a really wide net that concentrates too much power at the state level,” Rowden said.
The only way the public has a say in this process is to cast a vote at the ballot box in 2024.
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