ST. LOUIS 鈥 The region鈥檚 attention was fixed Tuesday on a fourth-floor courtroom in the city鈥檚 civil courts building for the first glimpse of what鈥檚 shaping up to be a fierce legal battle between the state鈥檚 attorney general and the city鈥檚 top prosecutor.
There, in front of a packed courtroom, a rotating cast of attorneys leveled their initial arguments in the fight over the future of 果酱视频 Circuit Attorney Kimberly M. Gardner.
鈥淓veryone is watching us today, not only in this community, but beyond,鈥 said Bill Corrigan, who represented Missouri Attorney General Andrew Bailey. 鈥淚t鈥檚 in everyone鈥檚 interest to resolve this one way or another as expeditiously as possible.鈥
Tuesday鈥檚 arguments focused on whether Bailey鈥檚 lawsuit, which attempts to remove Gardner from office for failing to uphold her duties, should be dismissed and what evidence city prosecutors must provide to the state. The two sides sparred for more than four hours about trial timelines, subpoenas and the contents of the case.
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Ultimately, Judge John Torbitzky said he鈥檇 rule on most of the issues at a later date. He did, however, set a tentative date of Sept. 25 for a three-week trial.

果酱视频 Circuit Attorney Kimberly M. Gardner sits behind her attorneys in a 果酱视频 courtroom on Tuesday, April 18, 2023, during a hearing in a lawsuit by Missouri Attorney General Andrew Bailey seeking to remove Gardner from office.
鈥淧eople in the state and the city want to know an answer sooner rather than later,鈥 he said. 鈥淭his is something where time is of the essence.鈥
Booker T. Shaw, a lawyer representing the 果酱视频 Circuit Court judges, described the situation as 鈥渦ntenable.鈥
鈥淭he circuit attorney鈥檚 office is now in a state of near-total collapse,鈥 he told the court near the end of Tuesday鈥檚 hearing.
Gardner鈥檚 office has faced criticism for years for mishandling cases, understaffing and organizational dysfunction. The criticism reached a fever pitch in February when a 17-year-old volleyball player visiting downtown 果酱视频 from Tennessee was pinned between two cars in a crash. Both of the girl鈥檚 legs were amputated. The man charged in the crash was free on bond in a pending robbery case despite violating the conditions of his GPS monitor several dozen times.
Republicans and Democrats alike blamed Gardner for allowing the man to remain on bond. Gardner argued her office tried to put him back in jail, but a judge denied their request. She later released a statement that said it was 鈥漬ot the time for finger pointing,鈥 which sparked more calls for her resignation.
Bailey filed his 鈥渜uo warranto鈥 lawsuit Feb. 23, arguing Gardner鈥檚 tenure had been characterized by 鈥渘eglect in office.鈥 He said she failed to prosecute cases by dismissing charges and allowing others to languish, failed to keep victims informed and failed to review thousands of cases submitted by 果酱视频 police.

Judge John Torbitzky listens as lawyers make arguments about a motion to dismiss the lawsuit seeking to remove 果酱视频 Circuit Attorney Kimberly M. Gardner from office on Tuesday, April 18, 2023.
Gardner argued that Bailey was attempting to thwart the will of 果酱视频 voters, who elected her twice.
鈥淚t鈥檚 a poorly considered political move that doesn鈥檛 remotely state a lawful claim for Ms. Gardner鈥檚 ouster,鈥 Gardner鈥檚 attorney Jonathan Sternberg told the court on Tuesday.
Sternberg noted only 13 previous public officials in Missouri history, including two prosecutors, have been ousted using quo warranto.
Those removals included corrupt officials who misstated public funds, gave kickbacks to friends or 鈥渋ntentionally turned a blind eye toward notorious organized crime due to their own involvement in those same offenses,鈥 Sternberg said.
Bailey鈥檚 allegations 鈥渄on鈥檛 remotely come close to meeting that bar,鈥 Sternberg argued.
But Assistant Attorney General Andrew Crane said that a public official doesn鈥檛 have to commit a crime or be guilty of corruption to face removal. Gardner鈥檚 鈥渞epeated pattern鈥 of not prosecuting cases was enough to merit her ouster, he said.
鈥淲hat we鈥檙e talking about is doing the same thing over and over again and failing in a way that鈥檚 not excusable,鈥 Crane said.
Torbitzky said he would make a decision on dismissal later, but in the meantime, he considered a 54-point subpoena to the Circuit Attorney鈥檚 Office for contracts, budget documents, texts, emails, case data and complaints.

Attorney Jonathan Jeffress, left, representing the 果酱视频 Circuit Attorney's office, and Missouri Assistant Attorney General Gregory Goodwin聽present arguments聽over attempts to get access to internal documents from the office of the 果酱视频 Circuit Attorney.
Gardner鈥檚 attorneys opposed the bulk of requests, including a list of cases Gardner personally prosecuted during her time as an assistant to emails about cases between her staff, police and victims.
A lawyer for the attorney general argued they were all necessary to investigate the case, but Jonathan Jeffress, who is representing the Circuit Attorney鈥檚 Office, called them 鈥渁bsurdly oppressive and burdensome for an office of public servants that have another job to do.鈥
鈥(The attorney general) should not be allowed to pry into the inner workings of the office in this way,鈥 he argued.
鈥淭his entire lawsuit is about the inner workings of the office,鈥 Torbitzky said in response.
鈥淲hich is why it should be dismissed,鈥 Jeffress said.
At the end of the hearing, Torbitzky pledged to review the subpoenas, then set the tentative trial date.
The attorney general鈥檚 office urged him to work fast. Multiple prosecutors have left the office in recent weeks, leaving few to handle the city鈥檚 most violent felony cases. Prosecutors have failed to turn over evidence, repeatedly delaying hearings and, on Monday, a judge filed to hold Gardner in contempt of court because no one from Gardner鈥檚 office showed up for a murder trial.
Outside the courthouse, Natalia Ogurkiewicz, who abruptly resigned from her post as an assistant circuit attorney on Friday and wrote of a 鈥渢oxic work environment鈥 in her resignation letter, told reporters she felt like she had been thrown under the bus by her former boss.
Meanwhile, several Gardner supporters surrounded Ogurkiewicz, holding up signs, shouting and questioning her motives.
鈥淵ou betrayed Kim Gardner,鈥 one supporter told her.
If Torbitzky decides not to dismiss the case, the parties are set for another hearing May 2.
Photos: Lawyers face off in first hearing over Missouri AG's case to remove Kimberly M. Gardner from office
Kim Gardner appears in court for first hearing in removal suit

Attorney Michael P. Downey, representing 果酱视频 Circuit Attorney Kimberly M. Gardner, makes an argument during motions in a lawsuit where the State of Missouri is seeking to remove Gardner from office on Tuesday, April 18, 2023. Pool Photo by David Carson, dcarson@post-dispatch.com
Kim Gardner appears in court for first hearing in removal suit

果酱视频 Circuit Attorney Kimberly M. Gardner sits behind her attorneys in a 果酱视频 courtroom on Tuesday, April 18, 2023 in the first hearing of a lawsuit by Missouri Attorney General Andrew Bailey seeking to remove Gardner from office. Pool Photo by David Carson, dcarson@post-dispatch.com
Kim Gardner appears in court for first hearing in removal suit

Missouri Deputy Attorney General Bill Corrigan discusses his desire for a quick trial in a lawsuit where the State of Missouri is seeking to remove 果酱视频 Circuit Attorney Kimberly M. Gardner from office on Tuesday, April 18, 2023. Pool Photo by David Carson, dcarson@post-dispatch.com
Kim Gardner appears in court for first hearing in removal suit

Attorney Jonathan Jeffress, left, representing the 果酱视频 Circuit Attorney's office, and Missouri Assistant Attorney General Gregory Goodwin聽present arguments聽over attempts to get access to internal documents from the office of the 果酱视频 Circuit Attorney.
Kim Gardner appears in court for first hearing in removal suit

Lawyer Bob Plunkert and his client Natalia Ogurkiewicz listen to arguments being made in a 果酱视频 courtroom related to a lawsuit where the State of Missouri is seeking to remove 果酱视频 Circuit Attorney Kimberly M. Gardner from office, on Tuesday, April 18, 2023. Ogurkiewicz recently resigned from the 果酱视频 Circuit Attorney's office and believes she has documents that are relevant to the case.
Kim Gardner appears in court for first hearing in removal suit

果酱视频 Circuit Attorney Kimberly M. Gardner sits behind her attorneys in a 果酱视频 courtroom on Tuesday, April 18, 2023, during a hearing in a lawsuit by Missouri Attorney General Andrew Bailey seeking to remove Gardner from office.
Kim Gardner appears in court for first hearing in removal suit

Judge John Torbitzky listens as lawyers make arguments about a motion to dismiss the lawsuit seeking to remove 果酱视频 Circuit Attorney Kimberly M. Gardner from office on Tuesday, April 18, 2023.
Kim Gardner appears in court for first hearing in removal suit

Assistant Attorney General Andrew Crane makes arguments to the judge about motions in a lawsuit seeking to remove 果酱视频 Circuit Attorney Kimberly M. Gardner from office on Tuesday, April 18, 2023. Pool Photo by David Carson, dcarson@post-dispatch.com
Kim Gardner appears in court for first hearing in removal suit

Lawyers make their arguments inside the courtroom where 果酱视频 Circuit Attorney Kimberly M. Gardner and her lawyers made an appearance on Tuesday, April 18, 2023 to respond to a lawsuit by Missouri Attorney General Andrew Bailey seeking to remove Gardner from office. Pool Photo by David Carson, dcarson@post-dispatch.com
Live stream of the hearing scheduled to start at 1:30 p.m. Video provided by Fox2Now via pool coverage