Judge Thomas Clark’s ruling comes about six weeks after the attorneys for Mark and Patricia McCloskey argued their motion to disqualify Gardner and her office from the case, saying her emailed solicitations for campaign contributions demonstrated she and her office have a personal interest in the case and jeopardized Mark McCloskeys’ right to a fair trial.
In her rebuttal, Gardner argued she sent the emails merely to respond to criticisms from the governor and president.
But, in his 22-page ruling, Clark disagreed.
“Ms. Gardner has every right to rebut criticism, but it appears unnecessary to stigmatize defendant – or even mention him – in campaign solicitations, especially when she purports to be responding to others,” he wrote. “In fact, the case law and Rules of Professional Conduct prohibit it.”
