After weeks of contention, St. Louis County Circuit Judge Brian May ruled Dec. 20 that Gov. Mike Parson – not St. Louis County Executive Sam Page – has the authority to fill the soon-to-be vacant St. Louis County prosecuting attorney seat.
Though the decision will be appealed, the ruling signals that Melissa Price Smith is set to become St. Louis County’s next prosecuting attorney.
Smith, a lifelong St. Louis County resident, was selected to fill the position by Parson on Dec. 12. She has worked in the county prosecuting attorney’s office since 2008 and currently serves as assistant prosecuting attorney and supervisor of the office’s Sexual Assault and Child Abuse team.
Wesley Bell, the current St. Louis County prosecuting attorney, was elected in November to serve as the new Missouri District 1 representative, taking over the seat from Cori Bush. His last day in his current position will be Jan. 2 as he will be sworn into Congress on Jan. 3. If the Court’s decision stands, Smith will serve the remainder of Bell’s term, ending on Jan. 1, 2027. She is also eligible to seek election for a full term in November 2026.
“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,” Bell stated in a press release.
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,” the statement continued. “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.”
The question of who has the authority to appoint the next prosecuting attorney to fill Bell’s vacant seat has been debated since Bell was elected to Congress in November.
Parson and Attorney General Andrew Bailey argued that Missouri’s constitution gives Parson the power to make the decision – as Article 4, Section 4, of the Missouri Constitution, states the “governor shall fill all vacancies, unless otherwise provided by law” – while Page stated that state law and the county charter gives him the authority to make the choice, as the St. Louis County charter says prosecutor vacancies “shall be filled by the county executive.”
Page also referenced St. Charles County as its charter is similar to St. Louis County. Following former St. Charles Prosecuting Attorney Tim Lohmar’s resignation in 2023, St. Charles County Executive Steve Ehlmann appointed his replacement. There was no pushback from Parson regarding this.
It is important to note that Parson is not required to get County Council approval on his choice and, unlike in the county charter’s provisions that Page would have had to follow, he is not required to appoint a candidate from the same political party as the previous office holder. Bell and Page are both Democrats, while Parson and Bailey are both Republicans.
