He many not have the final word, but Judge John Torbitzky has made the decision to move forward with the case asking that Circuit Attorney Kim Gardner be removed from office. Gardner's counsel have asked for a new judge in Attorney General Andrew Bailey's petition to oust Gardner.
listen live to kmox
In a series of orders released after 5 p.m. Tuesday, Judge Torbitzky decided that 7 of the 10 alleged counts against Gardner in the willful neglect case are legitimate and can go forward.
He writes: "What is required to prove willful neglect, is that the public official was aware of an official duty, yet made a conscious decision not to act in accordance with the duty."
The counts Judge Torbitzky is allowing to move forward have to deal with willfully failing to prosecute cases, make charging decisions, keep victims informed, and ensure speedy trials. He's tossing counts like an alleged Sunshine Law violation and a complaint about Gardner's legal bills.
Related
Follow KMOX | Facebook | Twitter | Instagram
Listen on the free Audacy app.
Tell your smart speaker to play K M O X
@2023 Audacy (KMOX). All rights reserved.