St. Louis, Missouri 2021-05-04 18:45:00 –
ST. Louis (KMOV.com)-St. Louis Patrol Attorney Kim Gardner commits a professional offense after receiving a complaint from a legal team representing former Governor Eric Greatens in an investigation by the state’s Supreme Disciplinary Lawyer. The probable cause was found.
State website Published on Tuesday Gardner’s name associated with the pending disciplinary hearing. This indicates that she is subject to ethical violations. Patrol lawyers may face a disciplinary committee to weigh allegations and produce findings. Ultimately, the punishment is decided by the Missouri Supreme Court and can range from warnings to suspension or revocation of her legal license.
The exact nature of the breach is not yet known. Requests for comment from Kim Gardner’s office were not answered on Tuesday night.
A lawyer representing former Governor Greatens filed a complaint against Gardner’s legal license shortly after the criminal case ended in 2018.
State representative Paul Cartman at the time also filed a complaint with Barr, but recently told News 4 that he had been informed that his complaint had not progressed. Allegations from the Greatens team allege that Gardner had an ethical obligation to revise the record during the testimony of private detective William Tisaby. Gardner hired Tisaby, who interviewed a woman at the heart of privacy breaches against Greitens. After a special counsel discovered that Tisaby had lied under an oath, Tisaby was subsequently charged with six perjury charges and one falsification of evidence. However, Gardner was with Tisaby in such cases, and the allegations showed that she had a professional responsibility to ensure that Tisaby’s statement was correct. She claimed she didn’t represent Tisaby, so she didn’t have to.
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Attorney Alan Pratzell is the state’s chief disciplinary adviser, and his office is responsible for investigating complaints against Missouri lawyers. This is a Missouri Supreme Court agency, funded by lawyer membership fees rather than taxpayer funding, and is separate from the Missouri Bar.
“Complaints actually occur,” said Peter Joy, a law professor at the University of Washington Law School. He told News 4 that on average, lawyers could be the subject of three to five complaints. “If they investigate and don’t find a basis, that’s it,” Joy said of the disciplinary process in Missouri.
For example, in 2018, the Supreme Disciplinary Law Firm received 1,748 complaints and launched a formal investigation of 685. Disciplinary action may take place in another year, but a 2018 investigation found that 16 lawyers were dismissed, 23 were suspended, and 92 received written warnings.
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As for why the action took so long, Joy said the Supreme Disciplinary Law firm often didn’t want to interfere with elections (Gardner was reelected in 2020) and ongoing criminal investigations. A special counsel investigating Tisaby has suggested that Gardner himself may be the subject of an investigation, but sources told News 4 that the statute of limitations for Gardner was passed in March this year.
In any case, generally speaking, Joy says he doesn’t want lawyers to file further complaints.
News 4 learned that William Don Tisaby was indicted, but the exact nature of the indictment is unknown at this time.
“It’s no exaggeration to say that lawyers don’t want to be in that position, and they don’t want to be in a position to lose their ability to earn a living as a lawyer. They have been suspended or banned,” Joy said.
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