JEFFERSON CITY — The State of Missouri, led by Gov. Michael L. Parson and Attorney General Andrew Bailey, has filed a lawsuit against St. Louis County and County Executive Dr. Sam Page to resolve a legal dispute over who has the authority to appoint the next St. Louis County Prosecuting Attorney.
The case hinges on interpretations of the Missouri Constitution and the county’s charter, creating uncertainty about the future leadership of the office.
The legal conflict arose as current St. Louis County Prosecuting Attorney Wesley Bell appears poised to vacate his position.
Bell is expected to assume a seat in the U.S. House of Representatives in January 2025 after unofficial election results show he won Missouri’s 1st Congressional District race. The anticipated vacancy has sparked a power struggle over who has the constitutional right to appoint Bell’s successor.
Parson and Bailey argue that under Article IV, Section 4 of the Missouri Constitution, the governor holds exclusive authority to fill vacancies in public offices, including prosecuting attorneys.
In a Nov. 7 letter to Page, the state officials warned the county executive that Missouri law supports gubernatorial appointments for such roles.
They cited both constitutional provisions and state statutes, including Section 105.050, RSMo, which mandates the governor appoint someone to fill vacancies in prosecuting attorney offices until the next election.
However, St. Louis County’s charter, in Section 5.050, asserts that the county executive has the authority to fill the position with council approval. County officials have already begun accepting applications and interviewing candidates, prompting the state to file this lawsuit to enforce what it sees as the governor’s constitutional prerogative.
“Citizens of Missouri deserve certainty regarding who has the lawful authority to appoint the St. Louis County Prosecuting Attorney,” the state’s petition states.
According to the filing, the prosecuting attorney’s role is critical to the enforcement of state laws, public safety, and regional justice, and any uncertainty undermines confidence in the office.
Parson’s office has also opened its own application process for the role, further intensifying the dispute. Both sides are preparing for a legal showdown, with the state highlighting past court rulings favoring state law over conflicting local charters.
The lawsuit seeks clarity from the courts before Bell vacates his post on Jan. 3. The state argues that any provision in the St. Louis County charter granting appointment power to the county executive must yield to the governor’s constitutional authority.
“The residents of St. Louis County should be treated like residents of every other charter county. Dr. Page is confident in our position and that our position will be affirmed by the courts,” Doug Moore, communications director for Page, told Fox 2 in November.
Parson noted that all he wanted was the right person doing the job.
"Governor Parson has also announced that the Governor's Office will accept applications to fill this vacancy. Interested candidates were able to apply at boards.mo.gov," the petition states. "There is now a real and existing controversy between the parties to this case concerning which publie official has the authority to fill vacancies in the office of a county prosecuting attorney, and especially in the Office of the St. Louis County Prosecuting Attorney, and the validity and scope of § 5.050 of Respondent County's charter."
St. Louis County Circuit Court case number: 24SL-CC07283