St. Louis Circuit attorney Kim Gardner will likely face a reprimand, but will not lose her license to practice law, following alleged misconduct during the former governor’s investigation of Missouri, Eric Greitens.

In a settlement between Gardner and Chief Disciplinary Counsel Alan Pratzel unveiled Monday at a St. Louis County hearing, Gardner admitted to unwittingly failing to produce documents for a judge to review and failing to correct the inaccuracies of its contracted investigator.

Gardner’s attorney, Michael Downing, said Gardner understood the “seriousness” of the reprimand.

Pratzel presented the agreement to the panel of three people with the Missouri Attorneys’ Disciplinary System during Monday’s hearing.

At the end of Monday’s hearing, Pratzel did not recommend disciplinary action against Gardner.

“The evidence does not support the conclusion that these documents were deliberately withheld from production,” the agreement states. “There is no finding that the circuit attorney or his office had an improper motive or strategy regarding the production of documents in the Greitens case.”

No formal action was taken by the panel Monday on the proposed deal. Comprised of two attorneys and one non-attorney, the panel will make a recommendation to the Missouri Supreme Court, which will have the final say on whether Gardner engaged in professional misconduct.

Downing and Pratzel said they could not comment on the deal until after the Supreme Court’s decision.

At the heart of the agreement are five pages of a pointed thoughts paper that Gardner wrote after interviewing a woman who had an extramarital affair with Greitens in 2015, Gardner told the panel.

Pratzel said his notes should have been added to a “privilege log” — or a list of documents that Gardner’s team said were not required by law to be turned over to Greitens’ attorneys. The judge wanted to review the list to make sure the documents were protected.

Gardner told the panel that she and her team did not intentionally leave the document out of the journal and that she was unaware that the document still existed in its original form.

Gardner previously said that the person responsible for compiling the judge’s privileges log in the 2018 Greitens investigation was his senior trial aide, Robert Dierker, who had previously served as the presiding judge of the 22nd Circuit (where the Greitens case was heard) and judge for more than 30 years before joining his team. She said she took his advice on what to include in the diary and believed Dierker and Greitens’ lawyers had agreed on what should be included.

In the deal presented Monday, Gardner also admitted to having some responsibility for supervising former FBI agent William Tisaby to help with the Greitens investigation, Pratzel said.

Last month, Tisaby pleaded guilty to a single count of tampering with evidence, just before he stood trial on seven felony counts – six for perjury and one for tampering with evidence.

Pratzal alleges that Gardner should have corrected the record when Tisaby failed to acknowledge in court that he had received documents from Gardner on the Greitens case before questioning Greitens’ accuser – the basis of the misdemeanor plea of Tisaby.

Gardner had emailed his notes to Tisaby before interviewing KS on January 29, 2019 on video – a recording that was turned over to the defense.

Although Tisaby told Gardner he wasn’t going to use his notes, Tisaby had actually reformatted his words into a new document — cutting out several pages — and printed it, Gardner’s response states. Then, during the interview, he took 11 pages of handwritten notes in addition to this printout.

The president of the jury is Keith Cutler, a trial attorney with his family’s law firm of James W. Tippin & Associates in Kansas City. He and his wife, Dana, were previously judges on the Atlanta television show “Couples Court with the Cutlers.”

Also on the east panel Elizabeth McCarterpartner at Behr McCarter & Potter, PC in St. Louis County, and Sheryl Butler, a non-practicing St. Louis attorney.

The panel will now make a written decision on whether to accept the agreement or recommend discipline to the Missouri Supreme Court.

However, this is probably not the end of the procedure.

After the panel’s written decision, both parties have 30 days to accept or reject it. At that time, the committee’s decision and the parties’ responses will be filed with the Supreme Court. From there, the Supreme Court could make a decision based on the filings, or it could schedule the case to be heard and argued.

Either way, the ultimate decision regarding discipline rests with the highest court in the state.

This story will be updated.