Legal fight over St. Louis County prosecutor appointment heats up

ST. LOUIS COUNTY, Mo. - There are explosive new developments in the legal showdown over who gets to appoint the next St. Louis County Prosecutor: the Missouri Governor or the St. Louis County Executive.

Republican Gov. Mike Parson has appointed long-time assistant county prosecutor Melissa Price-Smith to the post.

Democrat St. Louis County Executive Sam Page has appointed Cort VanOstran, a former assistant U.S. attorney and Democrat congressional candidate.

Both candidates for the job appeared before the St. Louis County Council’s Committee of the Whole Tuesday night. Price-Smith dropped a bombshell revelation, saying that during the interview process with Page’s selection committee, she was asked to do something she refused to do.

“I was also asked to find dirt on a county council member,” she said. “When I refused, I received another call that I was to try harder.”

Councilman Dennis Hanock asked, “Would it be safe to assume that since you didn't follow those instructions, that probably has something to do with why you didn't receive the (Page) appointment?"

“I have no idea why Dr. Page didn't give me the appointment. Apparently, he thought a better choice was Dr. VanOstran,” Price-Smith responded.

A spokesman for Page told FOX 2, “We have no idea what Ms. Smith is talking about."

VanOstran was ready to work with all attorneys on the staff, including Price-Smith, the spokesman said.

Wednesday brought courtroom fireworks as a lawsuit filed by the governor against the county executive went before St. Louis County Circuit Judge Brian May. He listened to arguments representing Page and St. Louis County, as well as Parson and the State of Missouri, for a little more than an hour. 

“The state government ultimately gets to control who makes that choice, and the general assembly has made the choice by passing a statute that says the governor will appoint all replacements for midterm vacancies for the attorney general, prosecuting attorneys, and circuit attorneys,” Assistant Missouri Attorney General Andrew Crane said, arguing for the governor.

Neal Perryman, arguing for the county executive, added, “We would ask that the court find in favor of the county and declare that the county has the power to make the selection of the next prosecuting attorney. Throughout Missouri history until now, the governor has never asserted the authority to appoint the prosecuting attorney of a charter county.”

May took Perryman to task.

Perryman pointed out in the past that perhaps governors and county executives simply worked out a decision instead of fighting in court. .

“You agree with that; you’ve witnessed that; have you ever witnessed that in your time?” the judge asked.

“That people agree with each other? Sure,” Perryman responded.

“I think you’re being a little sarcastic,” May said.

“No, no, no, no, no,” insisted Perryman.

“No, I think you are,” quipped May.

Section 5 of the St. Louis County Charter explicitly states, “A vacancy in the office of Prosecuting Attorney shall be filled by the County Executive, subject to confirmation by the Council.”

Missouri’s Revised Statutes (105.050) say, "The Governor, upon being satisfied that such a vacancy exists (including prosecutors), shall appoint some competent person to fill the same until the next regular election.”

“The functions that have traditionally been state power remain state power because the legislature did not choose to yield them to the county,” Crane argued.

May said his ruling would come quickly, noting that appeals were likely and that current prosecutor Wesley Bell would be leaving the job by Jan. 3, when he is sworn in as a newly elected member of Congress.