Contentions continue surrounding appointment of next prosecuting attorney

The St. Louis County Council had much to say at its Dec. 10 meeting regarding County Executive Sam Page’s decision to prematurely announce Cort VanOstran as the next St. Louis County prosecuting attorney following Wesley Bell’s victory in the November general election.

“Our charter, which is the law of the land for St. Louis County (reads): ‘a vacancy in the office of prosecuting attorney shall be filled by the county executive subject to confirmation by the council.’ Let me repeat, ‘confirmation by the council,’” 7th District Councilman Mark Harder, R-Ballwin, said. 

Harder went on, stating that this process is to begin once Bell resigns and departs from his seat, not before. Bell’s last day in his current position will be Jan. 2 as he will be sworn into the United States Congress on Jan. 3. Bell will serve as the Missouri District 1 representative, taking over the seat from Cori Bush.  

“The county executive has rushed this process and put the cart before the horse by making his appointment the heir apparent, having him introduced to staff (and) even going so far as to assign him a temporary office in the prosecuting attorney’s office. Once again, it seems Dr. Page is willing to ignore the provisions of this charter and the will of the people in order to get his way,” Harder said. “There is a deputy prosecuting attorney on staff who can keep the office running until the formal process is completed.”

In agreement with Harder, 3rd District Councilman Dennis Hancock, R-Fenton; 6th District Councilman Ernie Trakas, R-Oakville; and Council Chair and 4th District representative Shalonda Webb, D-Black Jack, also spoke on the topic. 

“It’s again one of those rare instances where I agree wholeheartedly with Councilman Harder,” Trakas said. “The charter requires, and this body has the requisite obligation to vet any candidate appointed by the county executive … For whatever reasons, the county executive seeks to avoid that scrutiny. We can only surmise as to the reason, but certainly one consideration is Mr. VanOstran’s clearly limited experience both as a litigator and in any managerial or supervisory role over a significant office.”

“The recent actions announced by the county executive demonstrates his blatant disregard for this council and its critical role in governance. This has been the story and the narrative throughout my tenure: that this council is not respected,” Webb added. 

The tension around the appointment of the new prosecuting attorney is not limited to the County Council. Last month, Missouri Gov. Mike Parson and Attorney General Andrew Bailey – who believe it is Parson’s job to fill the vacancy, not Page’s – filed suit against Page and St. Louis County in St. Louis County Circuit Court over the situation.

Parson and Bailey argue that Missouri’s constitution gives Parson the power to make decision – as Article 4, Section 4, of the Missouri Constitution, states the “governor shall fill all vacancies, unless otherwise provided by law” – while Page says that state law and the county charter give him the authority to make the choice, as the St. Louis County charter says prosecutor vacancies “shall be filled by the county executive.” 

Page has also referenced St. Charles County as its charter is similar to St. Louis County. Following former St. Charles Prosecuting Attorney Tim Lohmar’s resignation in 2023, St. Charles County Executive Steve Ehlmann appointed his replacement.

Another thing to note is that if Parson is the one to make the choice, he would not be required to get County Council approval and, unlike the county charter’s provisions, he would not be required to appoint a candidate from the same political party as the previous office holder. The office is currently held by Bell, a Democrat. Parson and Bailey are both Republicans, while Page is a Democrat.

St. Louis County Circuit Judge Brian May will hear arguments in the case on Dec. 18.

The plot thickened on Dec. 12 when Parson announced his own selection for St. Louis County Prosecuting Attorney: Melissa Price Smith. 

“Since I’ve been Governor, it’s never been about politics, but doing right by the people of Missouri,” Parson stated in a press release. “We trust that Melissa will uphold these same values and work with integrity to deliver justice on behalf of the people of St. Louis County and our state. We thank her for her willingness to serve and look forward to her leadership in fighting crime and safeguarding public safety in our state’s largest metropolitan area.”

Smith, a lifelong St. Louis County resident, has worked in the county prosecuting attorney’s office since 2008. She currently serves as assistant prosecuting attorney and supervisor of the office’s Sexual Assault and Child Abuse team. 

“I would like to thank Governor Parson for his service to the state of Missouri and for his faith in me. I would also like to thank law enforcement who have supported me not only in this endeavor but throughout my career,” Smith’s official statement upon learning of her appointment reads. “Our office will work in partnership with law enforcement to achieve a safer community for people to live in, work in and to visit.” 

Whoever appointee becomes prosecuting attorney will serve out the remainder of Bell’s term, which ends on Jan. 1, 2027.