Gov. Parson wins battle to appoint next St. Louis County Prosecuting Attorney, judge rules

ST. LOUIS COUNTY, Mo. - A judge ruled in favor of Missouri Gov. Mike Parson on Friday in a legal battle to name the next St. Louis County Prosecuting Attorney.

The ruling grants Gov. Parson "sole authority" in appointing Wesley Bell’s successor as St. Louis County Prosecuting Attorney and prohibits St. Louis County Executive Sam Page from proceeding with plans to appoint a candidate for that role.

Page and Parson have been at odds over who has the authority to formally appoint Bell's replacement for more than a month.

Bell was elected for a seat within the Missouri U.S. House of Representatives in the November 2024 general election. He is scheduled to resign from his post on Jan. 3, 2025, to be sworn into Congress.

After Friday's court ruling, Melissa Price Smith is expected to be sworn into the role of St. Louis County Circuit Attorney next month. Smith was Parson's original pick for appointment.

In late November, the State of Missouri moved forward with a lawsuit against St. Louis County over the battle to appoint the county's next prosecutor.

Page has often referred to the county charter and argued for a local appointment process, one he claimed was similar to what St. Charles County used in 2023 to appoint its current top prosecutor.

The state, however, cited a part of the Missouri Constitution in legal documents, which stated that the “governor shall fill all vacancies, unless otherwise provided by law," asserting that Gov. Parson had responsibility.

According to documents from Friday's ruling, the court determined that appointing a prosecuting attorney to fill a vacancy is "clearly a governmental function that pertains to the administration of justice" under the scope of the governor through the Missouri Constitution, superseding the county charter.

Friday's court ruling declares that Governor Parson has exclusive authority to fill the anticipated vacancy at St. Louis County Prosecuting Attorney. It adds that the county is "permanently enjoined from taking any further steps to fill the anticipated vacancy."

This ruling signals that Melissa Price Smith is set to become St. Louis County's next top prosecutor. She will serve out the remainder of Bell's term, which ends on Jan. 1, 2027. She could also seek election for a full term in November 2026.

Smith has 20 years of experience as a prosecutor and has worked with the St. Louis County Prosecuting Attorney’s Office in various capacities since 2008.

Page's pick for appointment had been Cort VanOstran, who has previously served as assistant St. Louis federal prosecutor.

Reactions

Missouri Gov. Mike Parson shared the following statement with FOX 2 after Friday's ruling:

"Governor Parson was confident in his legal authority to name the St. Louis County Prosecutor, and we are happy to see the Courts affirm our position, as expected. Melissa Price Smith is an experienced and accomplished prosecutor, and Governor Parson looks forward to her leadership in improving public safety and upholding law and order in the St. Louis region."

Missouri Attorney General Andrew Bailey shared the following statement:

"The rule of law matters. Governor Parson has the clear authority to appoint a prosecutor that will deliver results for Missourians, which is why we filed suit. I’m glad the Court recognized that and sided with us today.”

Outgoing St. Louis County Prosecuting Attorney Wesley Bell sent the following statement:

"From the beginning, I wanted one of our excellent team leaders to succeed me as St. Louis County Prosecuting Attorney. I recommended to the County Executive candidates from my team leaders, who included Melissa Price Smith. Contrary to unfounded speculation about collusion between the County Executive and myself on this appointment, Dr. Page appointed someone from outside our office. Though I respect Cort VanOstran and agree with Dr. Page that he would be a capable leader of this great office, I was pleased when the Governor appointed Melissa Price Smith. Just as Dr. Page and Governor Parson had a difficult choice to make in choosing my successor, the Court had a difficult decision in adjudicating which authority is the proper authority to make this appointment. While I am not pleased with the precedent set by the Governor superseding local authority in making this important appointment and I expect the Court’s decision to be appealed, I have always thought Melissa Price Smith a highly capable and competent leader of the prosecuting attorney's office. Assuming the Court’s decision stands and Melissa is sworn in as the next St. Louis County Prosecuting Attorney, she will have all my support from my new position representing Missouri’s 1st Congressional District. She knows and everyone in our office knows that I will always work with them and be available to help this office as the next Congressman."

This is a developing story. Check back for updates.