A Missouri judge ruled that the state’s Republican governor, not a local Democratic official, has the power to fill a vacancy in the prosecutor’s office for the state’s most populous county. St. Louis County was set to appeal the decision that favored Gov. Mike Parson over St. Louis County Executive Sam Page in replacing County Prosecutor Wesley Bell, who is due to take a U.S. House seat next month. The ruling means a Republican governor will choose the top prosecutor for a Democratic-leaning county, despite President-elect Donald Trump losing St. Louis County by 23 points and Bell winning his congressional race by a large margin over his GOP challenger.
The ruling was based on a section of the Missouri Constitution that states that the governor “shall fill all vacancies in public offices, unless otherwise provided by law.” Page argued that the county’s charter allowed him to fill the vacancy, but May’s ruling indicated otherwise. Both Parson and Page made their own appointments to fill out the remaining two years of Bell’s term, with an election for a full, four-year term set for 2026. The Republican governor chose Melissa Price Smith, an assistant prosecutor, while the Democratic county executive picked Cort VanOstran, a federal prosecutor, for the position.
Parson and Republican Attorney General Andrew Bailey had sued Page and the county in November to prevent Page from making the appointment. The lawsuit was eventually settled, with both Parson and Page making their respective appointments. Page disagreed with the ruling and stated that the voice of St. Louis County residents was being ignored with the decision. May emphasized that his ruling was not a reflection on the individuals named by the Governor or County Executive, but rather a determination that the county prosecutor is a state official, not a county official.
The ruling has set a precedent that the Governor has exclusive authority to fill the anticipated vacancy in the county prosecutor’s office. May emphasized that a county prosecuting attorney’s authority is not limited to crimes occurring within the county’s boundaries, reinforcing his decision that the Governor has the power to fill the vacancy. The ruling differs from a similar situation in neighboring St. Charles County, where the prosecutor resigned and was replaced by the Republican county executive without opposition from Parson. May clarified that the St. Charles County situation had no bearing on his ruling. There is no indication that any actions taken in that county resulted in litigation or a court ruling.
Despite the disagreement between the parties involved, both Parson and Page have made their appointments to fill the vacancy in the prosecutor’s office. Bell, who is set to take office in Congress, stated that he was pleased with Parson’s appointment of Smith, one of the internal candidates he recommended. While Bell disagreed with the ruling and the precedent it sets, he acknowledged that both Smith and VanOstran would be capable of leading the office. The legal battle over the appointment of the county prosecutor reflects the ongoing political tensions between Democratic and Republican officials in Missouri.
