The St. Louis County Council is asking voters for its own attorney.
Members voted 4-3 on Tuesday to place the measure on the November ballot. If voters approve, the council would have the authority to hire outside lawyers to give legal advice, represent members in lawsuits faced in their official capacity and enforce subpoenas.
The proposal goes much further than one adopted in 2019, which split the county counselor’s office into three units representing the executive, legislative and judicial branches. All of those attorneys were under the authority of the counselor, who is appointed by the county executive. Any person hired under this new arrangement would not be under that authority.
Sixth District Councilman Ernie Trakas, R-St. Louis County, was one of the three no votes.
“This bill will result in a lawsuit being filed against the county, which the county will lose, and additional expense in the counselor’s office or outside counsel to defend a matter that has no chance of succeeding,” he said.
County Executive Sam Page agreed, calling the proposal a bad amendment to solve a problem that “was resolved with a charter amendment several years ago.”
The fate of the measure was in doubt until the meeting was underway. Just a few hours before, a judge ruled that 3rd District Councilman Dennis Hancock, R-Fenton, had to vacate his seat because he had hired his stepdaughter to work in his office in violation of the state constitution. That would have deadlocked the council and defeated the measure.
But a different judge later ruled that Hancock did not have to immediately give up his authority and could vote at the meeting.
“What’s happened today and yesterday is exactly the reason why we need to have our own counsel,” Hancock said.
The St. Louis Board of Aldermen is authorized to hire its own attorney, who is tasked under city law to “handle the legal matters of the Board,” including, “representing the Board and its members in litigation and such other special duties and assignments as shall be authorized.”
