Joe Holleman
Political correspondent/columnist
ST. LOUIS — A power struggle between state and local officials over appointing a new St. Louis County prosecuting attorney appears headed to the courthouse.
On Wednesday, Missouri Attorney General Andrew Bailey filed suit asking a judge to prohibit St. Louis County Executive Sam Page from naming a replacement for Wesley Bell.
The state’s suit lists St. Louis County Executive Sam Page as the defendant.
Bell was elected Nov. 5 as the new U.S. Representative for the First District, a position that will require him to resign as the county’s top prosecutor before being sworn in on Jan. 3 in Washington.
“Citizens of Missouri deserve certainty in resolving this dispute” before Bell takes office, Bailey’s suit claims.
Spokesperson Doug Moore said Page is confident the courts will back the county’s position. “The residents of St. Louis County should be treated like residents of every other charter county,” Moore said.
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Bailey’s filing Wednesday says the issue is “ripe for judicial determination” and makes two major requests of the courts:
- Recognize the state’s power to make certain appointments, such as that of prosecuting attorney.
- Issue a temporary restraining order that prohibits St. Louis County “from taking any further steps” to replace Bell.
The move to take the case to court was expected by legal observers, given that the dispute involves two separate sections of the Missouri Constitution.
Bailey claims that one article of the Constitution, and state statutes, gives the governor’s office the power to appoint all prosecuting attorneys.
The county’s position counters Bailey’s argument by saying another article of the Constitution gives certain powers to Missouri counties with their own charters.
More specifically, the County Charter outlines the process by which appointments to vacant posts can be filled by the county executive.
While this dispute has been brewing over the last three weeks, both Gov. Mike Parson and Page have been taking applications for Bell’s job.
Bailey’s suit also claims that because he notified the county on Nov. 7 that Parson’s office would fill the post, the county is violating the Constitution by continuing its efforts.
Courthouse rumors about replacing Bell have surged since August, when Bell defeated U.S. Rep. Cori Bush in the Democratic primary, which all but assured he would win the November general election.
Over the last three months, the most mentioned candidates have included Beth Orwick, Page’s chief of staff.
Nominating Orwick, who sources say is no longer actively seeking Bell’s position, would have created problems for Page, who would need his nominee to be approved by the County Council.
In 2021, the council voted no confidence in Orwick, who then was the County Counselor. Three of those council members opposed to Orwick are still serving.
Other nominees include Melissa Smith, a 16-year veteran of the prosecutor’s office; Chelsea Draper, a former federal prosecutor and Bell’s former deputy chief of staff; and Cort VanOstran, an assistant U.S. attorney who lost a Congressional race in 2018.
Iron County Sheriff Jeff Burkett resigned Wednesday before a civil trial seeking his removal began. Video by Christine Tannous
