In the tug-of-war over who gets to run St. Louis law enforcement, City Hall just scored a big win. A St. Louis judge has ruled that the city, not the governor, has the authority to appoint an interim city sheriff, resolving a months-long dispute over who should lead the office while the elected sheriff is sidelined. Circuit Judge Thomas A. McCarthy found the mayor can fill the vacancy but must meaningfully include the Board of Aldermen and City Comptroller Donna Baringer in any appointment. The decision shifts the immediate choice to city officials and narrows a three-way legal fight between the mayor's office, the Board and the state.
What the judge decided
McCarthy rejected arguments that either Mayor Cara Spencer or Gov. Mike Kehoe had unilateral authority to name a temporary sheriff, instead construing state vacancy law against the backdrop of St. Louis's unusual city-as-county structure. The ruling says the mayor has appointing power but must consult with and meaningfully include the city's legislative and financial officers in that process. As reported by St. Louis Public Radio, McCarthy also concluded the governor does not have constitutional authority to appoint the city's sheriff.
How we got here
The conflict follows the removal and federal detention of Sheriff Alfred Montgomery late last year, which led a judge to appoint former police chief John Hayden Jr. as interim sheriff in October. Hayden has been running the office while officials in the mayor's office, the Board of Aldermen and the state litigated over who may make a longer-term appointment. The removal and interim appointment were reported by Spectrum News, which detail the federal case and the October court action.
The legal hook: county commission
At the heart of McCarthy's decision is a Missouri statute that directs a county commission to fill a vacant sheriff's office, language found in a section of state law the judge interpreted in light of St. Louis's independent-city status. Because the city does not operate under a traditional county commission, McCarthy determined the mayor, comptroller and Board of Aldermen collectively perform that role when a vacancy occurs, a reading that undercuts the governor's claimed authority. The statute and related appointment provisions provided the legal framework McCarthy relied on in his ruling, which is published on Justia.
Where the politics stands now
The ruling gives Mayor Spencer the legal authority to make the appointment but requires she "meaningfully include" the Board of Aldermen and Comptroller Donna Baringer, a constraint that will shape any candidate the mayor nominates. The Board had earlier sought to intervene in the case but a judge dismissed that effort in January, as previously reported by St. Louis Public Radio. For now, City Hall will be the theater where the next personnel decision plays out, not the governor's office.
What could happen next
Legal appeals remain possible, and the decision hands practical control to City Hall: the mayor's office must now work with the Board and Comptroller to pick someone who can steady the sheriff's office ahead of any scheduled election. Interim Sheriff John Hayden has publicly said he favors moving to an elective rather than purely appointive process, a preference covered in local reporting. Coverage of Hayden's position and the selection debate is available from KBIA.
McCarthy's ruling narrows where the next fight will happen: it will be a municipal negotiation, not a duel with the state. How the mayor balances the Board's demands and the comptroller's oversight will determine whether the sheriff's office can return to stable ground or remain mired in political conflict.
