ST. LOUIS – The Missouri Supreme Court issued a formal reprimand of St. Louis Circuit Attorney Kim Gardner for her conduct during her 2018 investigation against former Governor Eric Greitens.
In May, a three-person disciplinary panel ruled Gardner violated ethics rules and recommended the state’s high court reprimand the city prosecutor. Gardner failed to share evidence with Greitens’ attorneys.
Gardner acknowledged she failed to turn over notes from an interview her private investigator conducted with the former governor’s mistress. She also admitted failing to turn over the video from the interview, saying she thought the camera was broken.
Gardner’s office eventually dismissed her criminal case against Greitens.
The panel determined Gardner did not act with malice or dishonesty, which is why they only recommended a reprimand.
“I’m pleased that our state’s highest court and disciplinary counsel has recognized that the ethics disciplinary process should not be weaponized for political gain. I look forward to continuing the critical work of creating a safer, fairer, and just St. Louis,” states St. Louis Circuit Attorney Kim Gardner.
Missouri Supreme Court Chief Justice Paul C. Wilson issued the following order Tuesday afternoon:
Now at this day, this Court being sufficiently advised of and concerning the premises and having considered the statement of acceptance of the decision of the Disciplinary Hearing Panel filed herein;Chief Justice Paul C. Wilson, Missouri Supreme Court
This Court finds that Respondent, Kimberly M. Gardner, violated Rules 4-3.3(a), 4-3.4(a), and 4-3.4(d) of the Rules of Professional Conduct and should be disciplined;
Upon consideration of these findings, previous decisions of this Court, ABA Standards for Imposing Lawyer Discipline, and aggravating and mitigating circumstances, this Court orders that Respondent, Kimberly M. Gardner, is hereby reprimanded.
Fee ordered pursuant to Rule 5.19(h) in the amount of $750.00 payable to the Clerk of this Court to the credit of the Advisory Committee.
Costs taxed to Respondent.
Gardner’s investigator on the Greitens’ case, former FBI agent William Tisaby, pleaded guilty to evidence tampering in March 2022. He received probation but had the sentence suspended.
“Today the Missouri Supreme Court issued an Order reprimanding Kim Gardner. This Order is fully consistent with the Stipulation that Ms. Gardner and the Office of Chief Disciplinary Counsel presented jointly to a Disciplinary Hearing Panel in April 2022.
Ms. Gardner respects the work of the Supreme Court and Disciplinary Counsel in this case. She has learned from this process and has improved her Office’s operations based upon what occurred.
Ms. Gardner is glad the discipline process is now over so that she may maintain focus on
improving public safety and justice in the City of Saint Louis,” states Michael Downey, Counsel for Kimberly M. Gardner