O’FALLON, Mo. — A Missouri judge determined on Friday that the power to appoint a new prosecutor for the state’s most populous county rests with the Republican governor, rather than a local Democratic official.
A spokesperson for St. Louis County announced their intention to challenge the ruling made by St. Louis Circuit Judge Brian May, which favored Governor Mike Parson over St. Louis County Executive Sam Page. The dispute arose over who had the authority to appoint a replacement for County Prosecutor Wesley Bell, a Democrat, who is set to assume a U.S. House seat next month serving the city of St. Louis and parts of St. Louis County.
Judge May’s decision indicates that a Republican governor will select the lead prosecutor for a county that leans Democratic. While the state was won by President-elect Donald Trump by more than 18 percentage points, St. Louis County showed a Democratic preference, voting against Trump by 23 points. Bell also secured a strong victory in his congressional race, defeating his Republican opponent by a margin of four to one.
The ruling was grounded in a provision of the Missouri Constitution stating that the governor “shall fill all vacancies in public offices, unless otherwise provided by law.” Page contended that the county’s charter permits him to make the appointment, which he interpreted as another governing law.
Doug Moore, a spokesperson for Page, expressed disappointment over the ruling, stating, “The voice of St. Louis County residents is taken away when charter language is ignored. We disagree with the decision and will appeal.”
A representative for Parson, Johnathan Shiflett, did not respond immediately to inquiries regarding the ruling. Nonetheless, Parson had pointed to existing law stipulating that the governor “shall appoint some competent person” to a vacant prosecutor’s office.
In November, Parson and Attorney General Andrew Bailey initiated legal action against Page and the county to block Page from making the appointment. Earlier this month, both Parson and Page proceeded to appoint individuals to serve the remainder of Bell’s term, which concludes in two years, with an election for a full four-year term scheduled for 2026. Bell, who defeated U.S. Rep. Cori Bush in the Democratic primary this August, is slated to be sworn into Congress on January 3.
Parson appointed Melissa Price Smith, a 56-year-old assistant prosecutor in St. Louis County since 2008, to the vacant position. Smith is currently responsible for overseeing cases involving sexual assault and child abuse.
Conversely, Page opted for Cort VanOstran, a 36-year-old federal prosecutor for Missouri’s eastern district, who vacated his previous position following his appointment by Page. His work had involved handling offenses related to fraud, identity theft, conspiracy, and firearms.
Bell expressed concerns regarding the precedent set by May’s ruling but noted that Smith was among the candidates he had previously endorsed. He expressed satisfaction over Parson’s decision to appoint her while acknowledging that VanOstran “would be a capable leader.”
In his ruling, May clarified that his decision does not reflect any judgment on the individuals nominated by the Governor or County Executive. Instead, he emphasized that the county prosecutor operates as a state official, not merely a county official.
“This conclusion is reinforced by the fact that a county prosecuting attorney’s authority is not limited to crimes that only occurred within the geographical boundaries of his or her county,” May stated. “For these reasons, the Court concludes that the Governor has the exclusive authority to fill the anticipated vacancy.”
A similar occurrence took place in St. Charles County last year when its prosecutor resigned, and the Republican county executive was able to appoint a successor without any challenge from Parson. However, May stated that the circumstances in St. Charles County were irrelevant to his decision, as there were no indications of litigation or judicial rulings pertaining to that situation.
