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St. Louis County Executive Sam Page promised to veto the measure, which could go before voters on April 8.
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Gov. Mike Parson appointed Melissa Price Smith to fill out the term of Wesley Bell, who was recently sworn in as Missouri’s 1st Congressional District representative.
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Melissa Price Smith’s swearing-in follows a monthslong legal fight between Missouri and county officials over who has the power to appoint the prosecutor.
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The Missouri Court of Appeals issued the ruling several hours after holding a hearing Thursday.
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Melissa Price Smith, Gov. Mike Parson’s nominee for county prosecutor, made the claim during a question-and-answer session with members of the St. Louis County Council during a committee hearing on Tuesday.
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Circuit Judge Brian May said he will issue his decision promptly. His ruling will almost certainly be appealed.
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Gov. Mike Parson has chosen St. Louis County Assistant Prosecutor Melissa Price Smith as the next St. Louis County Prosecutor. County and state leaders are currently in a legal battle over who has the authority to appoint the prosecutor.
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St. Louis County Executive Sam Page nominated Cort VanOstran to the post Dec. 3, but Gov. Mike Parson has challenged Page’s authority to do so in court.
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Cort VanOstran resigned his job as a federal prosecutor this week. He was in private practice before that and ran for Congress in 2018.
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The lawsuit filed Wednesday in St. Louis County Circuit Court argues that because prosecutors exercise police powers, the governor should appoint the successor to Wesley Bell.