A dispute over who has the power to replace Wesley Bell as St. Louis County prosecutor has gone to court.
Gov. Mike Parson and Attorney General Andrew Bailey filed suit Wednesday in St. Louis County Circuit Court, arguing that Parson, not St. Louis County Executive Sam Page, has the authority to fill the vacancy once Bell resigns to serve in Congress. Parson and Bailey are both Republicans, while Page is a Democrat.
The suit asks Circuit Judge Nicolette Klapp to order Page not to take any additional steps toward naming Bell’s replacement. Page announced earlier this month that he would take applications for the role until Nov. 15 but did not say when he would make his decision. Parson announced the next day that he would accept applications until Nov. 22.
The conflict is rooted in the Missouri Constitution and St. Louis County charter. While the charter says prosecutor vacancies “shall be filled by the county executive,” the constitution gives the governor the power to fill all vacancies in public office unless otherwise provided by law.
Missouri law gives charter counties like St. Louis County broad powers. But Parson and Bailey argue that the duties executed by prosecuting attorneys are police powers, under which the state generally preempts local government authority.
Parson has not always been consistent in how he exercises his appointing authority.
After former Tim Lohmar resigned in 2023 as St. Charles County prosecutor, 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.
“The residents of St. Louis County should be treated like residents of every other charter county. Dr. Page is confident in our position and that our position will be affirmed by the courts,” Doug Moore, a spokesman for Page, said in a statement.
A spokesperson for Parson has said previously that the governor has the discretion to exercise his appointing authority.
