A Missouri judge in O’Fallon ruled on Friday that the state’s Republican governor, rather than a local Democratic official, has the authority to fill a vacancy in the prosecutor’s office for the state’s most populous county, St. Louis County. St. Louis County plans to appeal the decision by Judge Brian May, which favored Gov. Mike Parson over St. Louis County Executive Sam Page. Both officials claimed the power to replace County Prosecutor Wesley Bell, a Democrat who is set to take a U.S. House seat next month representing St. Louis City and part of St. Louis County.
May’s ruling, based on a section of the Missouri Constitution, 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 the court disagreed. The ruling means that a Republican governor will choose the top prosecutor for a Democratic-leaning county.
The dispute arose after both Parson and Page made appointments to fill out the remaining two years of Bell’s term, with a full election set for 2026. Parson appointed Melissa Price Smith, an assistant prosecutor in St. Louis County, while Page chose Cort VanOstran, a federal prosecutor for eastern Missouri. Bell expressed his approval of Parson’s appointment and acknowledged Van Ostran as a capable leader.
May emphasized in his ruling that the county prosecutor is considered a state official, not a county official, as their authority extends beyond county boundaries. The decision was not a judgment on the individuals named by the Governor or County Executive, but rather a clarification of the governing authority in this situation.
The anticipated vacancy is set to be filled, as neighboring St. Charles County experienced the resignation of its prosecutor last year. The county executive, a Republican, swiftly appointed a replacement without facing any opposition from Governor Parson. However, May, the individual in charge, emphasized that this scenario does not influence his decision. He stated that the situation in St. Charles County does not have any relevance to the current matter at hand. May pointed out that there is no evidence to suggest that the actions taken in the neighboring county led to any lawsuits, let alone a court ruling on the specific issues being discussed. This clarification was made by Hanna, who reported from Topeka, Kansas.
