St. Louis

Missouri Appeals Court Rules Governor Parson Can Appoint St. Louis County Prosecuting Attorney

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Published on January 02, 2025
Missouri Appeals Court Rules Governor Parson Can Appoint St. Louis County Prosecuting AttorneySource: Google Street View

The wrangling over who should appoint the next St. Louis County Prosecuting Attorney has reached a denouement, with the Missouri Court of Appeals siding firmly with Governor Mike Parson. After months of political tug-of-war between Parson and St. Louis County Executive Sam Page, the court has decided the Missouri governor rightfully has the authority to fill the vacancy, as reported by Fox2Now.

The legal stand-off began when Wesley Bell, the current prosecuting attorney of St. Louis County, was elected to the U.S. House of Representatives, creating an open position. Parson's choice, Melissa Price Smith, was originally blocked by Page, who had his own nominee, Cort VanOstran, and believed the County Executive held the appointing power. The Dec. 20 ruling by St. Louis County Circuit Judge Brian May, which Call Newspapers noted, contradicted Page's action and reached a conclusion, that the position in question was indeed a state office, and thus, subject to gubernatorial appointment.

A further affirmation came when the Eastern District of the Missouri Court of Appeals heard the case and, within hours, maintained the lower court's judgment. Consequently, Smith, who has been part of the St. Louis County Prosecuting Attorney’s Office since 2008, is poised to be sworn in, as communicated by FirstAlert4. The ceremony is scheduled for 11 a.m. on Friday at the St. Louis County Circuit Court.

This case has stirred up discussions on the delineation of power between state and county authorities. Despite the disappointment expressed by some regarding the governor's bypass of local authority, Bell himself stated, "Though I respect Cort VanOstran and agree with Dr. Page that he would be a capable leader of this great office, I was pleased when the Governor appointed Melissa Price Smith," in a statement obtained by Call Newspapers. Bell also acknowledged his readiness to support Smith from his new Congressional role.

The contention has also highlighted asymmetries between state and county charters concerning such appointments. Parson, a Republican, was not bound to choose from the same political party as the preceding office holder or gain County Council's endorsement, unlike Page, who would have navigated different regulations under the county charter. Parson's move has not gone without criticism, as his authority was not contested in an analogous situation in St. Charles County in 2023, which some perceive as an inconsistency in the application of gubernatorial power, as detailed by Call Newspapers.