Undoing the damage Kim Gardner has wrought

I’m an optimist. I believe the situation with the Circuit Attorney’s Office (CAO) can get better. But I think for things to improve, drastic changes must be made. From discussions with a number of knowledgeable persons familiar with the Kim Gardner fiasco, I’ve put together a 6-point plan that addresses the major issues I believe need to be resolved to get the CAO on the road to recovery.

First, get rid of the poisonous influences in the CAO. Serena, Maurice, and all the other Gardner-enablers who add nothing to the actual performance of the CAO have got to go. These are sycophants who tell Gardner that she is doing a wonderful job, it is everyone else’s fault, and nothing needs to change.

Second, meet with the entire staff and ask for a three-year commitment to stay at the CAO, since it is going to take at least that long to stabilize the office. Implement significant pay raises for all who make the commitment. You can’t fix the CAO on the cheap.

Third, reorganize the trial staff and empower them. The CAO needs a chief trial attorney with unfettered discretion in dealing with the day-to-day issues that arise with the trial staff, including making plea deals. Team leaders need to be assigned and given authority to approve deals suggested by the trial staff on their team and to oversee their performance. Current staff must be moved around in the office to make the best use of their present abilities. The warrant office and grand jury both need significant changes in staffing and procedures.

Fourth, ask for help. Contact the Governor and Attorney General and ask for attorneys from the AG to take some of the trial load off the current CAO trial staff. There is already a statute, Section 27.030 RSMo, that provides the mechanism for obtaining assistance from the AG. Meet with the Presiding Judge to work out a trial schedule plan that won’t overwork your present staff as you rebuild the office.

Fifth, replenish some of the lost wealth of institutional knowledge that had existed before Kim Gardner’s purge. Rehire some of the CAO’s former competent attorneys. I’ve talked to a few former assistant circuit attorneys who indicated they would consider returning to the CAO if Gardner was no longer in charge and they had confidence in her replacement. And engage other former competent prosecutors, either through informal meetings or by hiring them as short-term consultants, to provide the staff with guidance in how to best perform their duties.

Sixth, open the lines of communication. Meet individually and regularly with the judges and get their feedback and suggestions on how to make the 22^nd Judicial Circuit work more effectively and efficiently. Meet with the police department – and not just the Chief but also the police on the street (go to roll calls or police union meetings) – to get their feedback and suggestions on how to better work with them. Turn investigations of police misconduct over to the Highway Patrol and the AG — you can’t effectively prosecute your work partners. The criminal justice system is a collaborative effort. Adopt an open-door policy where any judge, staff member, or police officer can meet with you or call you.

In short, if you want to rebuild the CAO, do the opposite of what Kim Gardner has done.