CLAYTON, Mo. (AP) — Missouri’s Republican governor has been granted the authority to appoint a replacement for the outgoing prosecuting attorney in St. Louis County over the Democratic county executive, according to a ruling by a Missouri appeals court panel on Thursday.
The decision by the panel effectively resolves the legal dispute between Gov. Mike Parson and County Executive Sam Page. Following the ruling, it was announced that Parson’s appointee, Melissa Price Smith, will be sworn in on Friday to take over the position. Smith is set to succeed Wesley Bell, a Democrat who was elected to Congress in November and is scheduled to be sworn in on the same day in Washington, D.C.
The appeals court’s ruling upholds a previous decision made by a circuit judge in December. The ruling was issued shortly after attorneys representing state and county officials presented arguments before a three-judge appeals court panel, as reported by the St. Louis Post-Dispatch.
In explaining the basis of the ruling, appellate Judge John P. Torbitzky stated, “Because the prosecuting attorney performs essential state functions as a state officer, the governor has the constitutional and statutory authority to make the appointment to fill the vacancy.”
Last month, Parson and Page each selected different individuals to complete the remaining two years of Bell’s term, with a full, four-year term to be decided in an election in 2026. Parson’s choice was Smith, a 56-year-old assistant prosecutor in St. Louis County with over a decade of experience in the office since 2008. On the other hand, Page appointed Cort VanOstran, a 36-year-old former federal prosecutor for eastern Missouri who left his position upon being appointed by Page.
The decision handed down by the appeals court panel brings clarity to the appointment process for the vital role of prosecuting attorney in St. Louis County. Smith’s imminent swearing-in signifies a transition in leadership within the prosecutor’s office, marking the conclusion of a contentious legal battle between state and county officials regarding the appointment of Bell’s successor.
