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Disciplinary panel asks for public reprimand of Gardner over Greitens case

St. Louis Circuit Attorney Kim Gardner addresses a disciplinary hearing panel on April 11, 2022 at the St. Louis County courthouse
T.L. Witt
Pool photo
An attorney discipline panel has recommended that St. Louis Circuit Attorney Kim Gardner, shown addressing the panel on April 11, face a public reprimand for her conduct during the 2018 prosecution of then-Gov. Eric Greitens.

St. Louis Circuit Attorney Kim Gardner will likely face a public reprimand for her conduct during the 2018 investigation of then-Gov. Eric Greitens.

The three-person panel that heard her case in April released its decision Tuesday — it is in line with a recommendation from Missouri’s chief disciplinary counsel. The state Supreme Court will have the final say.

Members of the panel found Gardner violated the rules of professional ethics three times by not properly turning over evidence to Greitens’ defense attorneys and failing to correct mistakes in court filings.

“Of concern to the panel is the fact that the conduct engaged in by [Gardner] involves one of the most basic responsibilities of a prosecutor,” the panel wrote, referring to a 1963 court decision, Brady v. Maryland, that requires prosecutors to turn over evidence to defense attorneys.

But ultimately, its members found that because the failure was not done with a dishonest or selfish motive, and Gardner has no past disciplinary history, a reprimand was the appropriate punishment.

Michael Downey, a lawyer who represented Gardner in front of the panel, did not immediately respond to a request for comment.

Follow Rachel on Twitter: @rlippmann

Rachel is the justice correspondent at St. Louis Public Radio.