1 day Ago By By Joe Holleman St. Louis Post-Dispatch
ST. LOUIS — A legal battle now seems unavoidable over the question of who gets to appoint a new St. Louis County prosecuting attorney — Gov.
Mike Parson or St. Louis County Executive Sam Page. Responding to state Attorney General Andrew Bailey, who last week gave the county a deadline of 5 p.
m. Tuesday, the county insists it will continue its process of picking a replacement for Wesley Bell. “The County Executive intends to exercise his sole authority in this regard,” County Counselor Dana Redwing told Bailey in a letter sent Tuesday afternoon.
“There is no basis for the Governor to try to usurp this local right,” she said. A spokeswoman for the Missouri attorney general did not respond to requests for comment. Bell will be resigning from his post by Jan.
3, when he will be sworn in as a U.S. congressman.
His replacement will serve until the remainder of his term, which ends in January 2027. In his letter last week to Page, Bailey contended that St. Louis County’s charter “cannot and does not displace the Governor’s authority for this position.
” Bailey argues that not only does the state constitution grant the governor the power to appoint prosecuting attorneys in the state, but that state statutes also exist which enable that appointment power. In her reply Tuesday, Redwing countered that Bailey’s argument “for whatever reason, ignores ..
. the Missouri Constitution’s explicit grant of authority to charter counties like St. Louis County.
” Bailey, in last week’s letter, said, “A county charter ...
authorizes counties to exercise some executive and legislative powers, but only when those powers do not ‘invade the province of general legislation’ involving public policy of the State as a whole.” Redwing’s response also returned a deadline to Bailey. She said if Bailey’s office has further legal arguments to make, they should be sent to the county “by the close of business Nov.
15, 2024.” “Otherwise,” she said, “St. Louis County will consider this matter resolved and move forward.
” As it stands now, both Parson’s office and Page’s office have opened up its application processes for anyone interested in becoming the county prosecutor. The County Charter does contain a method by which vacancies are filled in county departments: It calls for the county executive to submit a choice to the County Council, which then has 30 days to act on the choice. To bolster the county’s argument, Page’s office has pointed to a similar situation that occurred last year in St.
Charles County. After the resignation in May 2023 of Tim Lohmar, St. Charles County’s prosecuting attorney, County Executive Steve Ehlmann appointed Joseph McCulloch as a replacement.
Ehlmann said that when it came to appointing McCulloch, “We didn’t contact the governor’s office, and we never heard from them either.” Redwing also mentions in her letter Tuesday to Bailey that St. Charles “has a charter provision identical to that of St.
Louis County.” And the process of replacing Bell already was becoming complicated, even before Bailey weighed in to the fray. Some political observers believe time is of the essence for Page in naming Bell’s successor, because his nomination would have to be go before the County Council.
Page’s relationship with the council likely will become even rockier in coming months. Currently, the council generally opposes Page’s initiatives by a 4-3 vote. Related to that voting breakdown is a pending plan to remove Councilman Dennis Hancock, R-3rd District, from his seat on charges of nepotism.
Without Hancock, a 3-3 vote would neither confirm nor reject a replacement for Bell — and that, according to St. Louis County ordinance, would in essence approve Page’s nomination. Either way, those current vote breakdowns are better than what Page will face in January.
Two new council members not allied with Page, Republican Mike Archer and Democrat Gretchen Bangert, will replace two staunch Page backers, Republican Ernie Trakas and Democrat Kelli Dunaway. With Democrat Lisa Clancy as his only solid ally on the council, Page may face a flood of 6-1 opposing votes..
