The Missouri Court of Appeals officially ruled in favor of Gov. Mike Parson over St. Louis County Executive Sam Page regarding the appointment the next St. Louis County prosecuting attorney on Jan. 2.

The language of the Missouri Constitution and statutes lead the three judges – John Torbitzky, Lisa Page and Roy Richter – to their decision.

“(Statute) 105.050 unambiguously grants the Governor the authority to appoint a competent person to fill the prosecuting attorney vacancy and supersedes the County’s charter provision. Accordingly, the Governor has the authority to fill the anticipated Prosecuting Attorney vacancy,” Torbitzky wrote.

Parson’s pick for the position, Melissa Price Smith, was sworn in as St. Louis County’s new prosecuting attorney on Jan. 3. A lifelong St. Louis County resident, Smith 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. 

“It is my great honor to be St. Louis County’s new prosecuting attorney. This is an honor that comes with great responsibility to the citizens of this region and a responsibility that I do not take lightly. I have devoted my life’s work to fighting for justice and will continue to do so in partnership with law enforcement and the dedicated men and women of the prosecutor’s office. My focus will always be holding offenders accountable and protecting victims of crime,” Smith stated after swearing in. “Thank you to Governor Parson for his faith in me and to Congressman Wesley Bell for his leadership the last six years.”

Smith will serve the remainder of former St. Louis County prosecuting attorney Wesley Bell’s term, ending on Jan. 1, 2027. She is also eligible to seek election for a full term in November 2026. 

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.” 

Last month, Page prematurely appointed former Democrat congressional candidate and federal prosecutor Cort VanOstran to fill the St. Louis County prosecuting attorney seat following Bell’s resignation. In 2018, VanOstran was the Democratic nominee for U.S. Congress in Missouri’s then-Second District – comprised primarily of west and south St. Louis County. He was narrowly defeated by Ann Wagner with a vote of 48.99%.

“This case was about protecting the county charter and ensuring St. Louis County can select its elected officials. It’s important that the prosecuting attorney’s office be successful, and Melissa Price Smith has my full support in working to keep St. Louis County safe. I am confident she will use her experience to build on the work of Wesley Bell,” Page stated in a press release following the court’s decision. 

According to a spokesperson for Page, the County Executive is appealing the decision to the Missouri Supreme Court.