Sam Page

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.

Circuit Judge Brian May said he will issue his decision promptly. His ruling will almost certainly be appealed.

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.

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.

Cort VanOstran resigned his job as a federal prosecutor this week. He was in private practice before that and ran for Congress in 2018.

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.

Parson and Attorney General Andrew Bailey say language in the state constitution gives the governor the power to fill all vacancies in public office, regardless of county charters.

St. Louis County’s charter calls on the county executive to name a replacement, who will require confirmation by the County Council.

Lawyers hired under Proposition C would help the St. Louis County Council draft legislation, offer legal advice and file and defend lawsuits.

The St. Louis County administration building must be updated to stay in compliance with Clayton city codes. County Executive Sam Page urged the county council Tuesday to act now.