The St. Louis County Council is asking voters in November for permission to hire its own attorney.
Lawyers hired under Proposition C would give legal advice, help draft legislation and represent council members in lawsuits filed against them. They would also be able to take legal action on behalf of the council.
In 2019, voters split the county counselor’s office into three divisions for the executive, legislative and judicial branches. But those attorneys still report to County Counselor Dana Redwing, who was appointed by County Executive Sam Page.
That arrangement does not provide enough independence, said 4th District Councilwoman Shalonda Webb, D-St. Louis County, chair of the council. But she said the move has nothing to do with the fractious relationship between the council and Page.
“When there's a conflict, a difference of directional opinion between the county executive and the council, the counselors, the lawyers, are the ones caught in the middle,” she said.
If approved, Proposition C sets up a possible scenario where an attorney hired by the council sues the county executive or another branch of county government. But Sheldon Evans, a professor of legal ethics at Washington University, says Missouri’s code of ethics governing lawyers prohibits the filing of frivolous lawsuits or “using the law to engage in political battles.”
“They have to use the law to engage in legal battles and disputes, which are distinctly different,” Evans said.
The St. Louis Board of Aldermen has its own attorney with similar powers to those envisioned by Proposition C.
Other county charter changes
In addition to deciding Proposition C, county residents will be asked to make two other changes to the charter. Each measure needs just a simple majority to pass.
Proposition A changes who has the power to fill vacancies on the St. Louis County Port Authority Board of Commissioners.
The board has seven members, each residing in a different council district. Currently, the county executive appoints a person to fill a vacancy; the appointee must reside in the same council district as the person who left the board and be confirmed by the council.
Under Proposition A, the council member in whose district the vacancy occurred would nominate a replacement. The appointment would still require council confirmation. Fifth District Councilwoman Lisa Clancy, D-Maplewood, was the lone vote against putting the measure on the ballot.
Proposition O moves the start date of terms for council member, county executive, prosecutor and assessor from the second Tuesday in January to the first Tuesday. There was no opposition to the proposal when the council put it on the ballot in July.
