Missouri Court of Appeals, Eastern District / Dec 1, 2020
State of Missouri ex rel., Kimberly Gardner, in her capacity as the Circuit Attorney for the City of St. Louis, Appellant, vs. Gerard T. Carmody, in his special capacity as Special Prosecutor, Respondent.
Kimberly Gardner, Circuit Attorney for the City of St. Louis, appealed the trial court's judgment on the pleadings in favor of Special Prosecutor Gerard T. Carmody. Gardner's petition in quo warranto sought to remove Carmody, alleging he violated Missouri's constitutional ban on nepotism by appointing his children to his prosecutorial team, or alternatively, that the order appointing his law firm was unlawful. The appellate court affirmed, holding that only a court has the power to appoint special prosecutors and their resources, and that Judge Mullen's order lawfully appointed Carmody and his firm, including its attorneys, as special prosecutors.