Republican Gov. Mike Parson has opened applications to replace Wesley Bell as St. Louis County prosecutor, setting up a clash with Democratic county executive Sam Page over who has the authority to do so.
Bell handily won election Tuesday to represent Missouri’s 1st Congressional District. He still has two years left on his term as prosecutor.
St. Louis County’s charter says prosecutor vacancies “shall be filled by the county executive,” subject to confirmation by the county council. Page announced his own application process on Thursday, with a deadline of Nov. 15.
But in a letter sent to Page and members of his administration that same day, Missouri Attorney General Andrew Bailey said the state Constitution gives the governor the power to fill all vacancies in public office unless otherwise provided by law. Numerous court rulings, he said, have established that the county’s charter does not override the governor’s constitutional authority.
Parson said he will accept applications until Nov. 22, with the intent of announcing someone who will be ready to take over when Bell is sworn into Congress in January.
"We truly want the best person for the job who can improve law and order in St. Louis County," the governor said in a statement. "Similar to our historic opportunity to appoint a new St. Louis City Circuit Attorney, the St. Louis County Prosecutor will be tasked with the responsibility to bring meaningful and lasting change that strengthens public safety in our state's largest metro area.”
After St. Charles County Prosecutor Tim Lohmar resigned in 2023, county executive Steve Ehlmann, also a Republican, appointed Joseph McCulloch to the post. Parson and Bailey did not argue that Ehlmann lacked the authority to do so, even though the language in St. Charles County’s charter is nearly identical to St. Louis County’s when it comes to the power of the county executive to name a replacement.
A spokesperson for Page made note of that difference.
“We are following the process that St. Charles County went through when a new prosecutor was selected there last year,” said Doug Moore in a statement. “The process does not change because the county executive is of a different party than the governor.”
Parson has the ability to choose not to fill a prosecutorial vacancy, said press secretary Johnathan Shiflett. “The Governor can choose to make an appointment or defer to county executive leadership; however, in this case, given the unique public safety ramifications for Missouri’s largest metropolitan area and the state as a whole, Governor Parson has expressed his intention to appoint the next St. Louis County Prosecutor,” he said.
The letter from Bailey gives Page until Nov. 12 to confirm that he will not usurp the governor’s authority. Moore said the executive would continue to move forward with his process, almost certainly setting up a legal battle.
This story has been updated with comment from Parson.
