Dispute over St. Louis County Prosecuting Attorney appointment goes to court

ST. LOUIS COUNTY, Mo. - The debate on who decides the next St. Louis County Prosecuting Attorney goes to court Wednesday morning.

A critical hearing on this case is set to happen at 9 a.m. Wednesday morning in front of Judge Brian May. The case pits Governor Mike Parson against St. Louis County Executive Sam Page, as both think they have the right to appoint the next prosecuting attorney and they have each nominated candidates.

Both potential candidates appeared Tuesday night before St. Louis County Council members. Governor Parson has nominated Melissa Price Smith, an assistant prosecutor in the prosecuting attorney's office who has been there for some 16 years. County Executive Page has nominated Cort VanOstran, who has already resigned from his position as an assistant St. Louis Federal Prosecutor, to take the county job. VanOstran also ran unsuccessfully for Congress in 2018.

Both candidates are vying to replace the current St. Louis County prosecutor, Wesley Bell. He was elected to Congress and will be sworn in on Jan. 3.

Page believes the county charter gives him the right to appoint the next prosecuting attorney but Governor Parson says the Missouri Constitution grants him the authority to make the appointment. Parson and Missouri Attorney General Andrew Bailey sued over the appointment controversy.

The five council members at Tuesday night's meeting ended the meeting by recommending to the full council to deny VanOstran's nomination.

Tuesday morning's court hearing is expected to last about an hour. Judge May is not expected to make a ruling Wednesday.