ST. LOUIS (KMOX) - A judge listened to arguments Wednesday over who has the official authority to appoint the next prosecuting attorney for St. Louis County.
Over the last few weeks, both St. Louis County Executive Dr. Sam Page and Missouri Gov. Mike Parson named their picks for St. Louis County Prosecutor, with Page naming former federal prosecutor Cort VanOstran as his pick, while Parson named Melissa Price Smith, who has been a member of the St. Louis County Prosecuting Attorney's Office since 2008, as his choice.
A court hearing took place Wednesday morning with Judge Brian May hearing arguments over who has authority to determine Wesley Bell's successor after Parson and Missouri Attorney General Andrew Bailey sued St. Louis County in late November, attempting to block VanOstran's nomination.
Both Parson and Page both claim different reasons why they have the choice to pick Bell's successor, with Page pointing to the St. Louis County charter, while Parson pointing to the Missouri Constitution.
A St. Louis County Board Committee potentially made the appointment decision easier Tuesday night after they voted unanimously to recommend that the full St. Louis County Council to reject VanOstran's nomination.
The man currently in the job is Congressman-elect Wesley Bell, who will be sworn into Congress on Jan. 3.
In court, the attorney representing St. Louis County, argued to a judge, that the state statue--concerning charter forms of government gives the counties the power to appoint.
"Throughout Missouri history until now, the governor has never asserted the authority to appoint the prosecuting attorney of a charter county," Attorney Neal Perryman representing St. Louis County argued in court.
Perryman argued that if the state had the power to appoint, as they claim, why didn't the Governor appoint new prosecutor, like in the case of St. Charles County, when Tim Lohmar was replaced in last year.
"The reason there was no challenge to it is because everyone understood the charter counties have this power," Perryman argued.
Judge May says the case has nothing to do with the picks to replace Wesley Ball made by the Governor and County Executive and it is about "the law".
The judge says he plans to make a judgement as soon as possible.