Judge rules in favor of Missouri Gov. Mike Parson in St. Louis County Prosecutor legal battle

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ST. LOUIS (KMOX) - A judge has ruled in favor Missouri Gov. Mike Parson in the legal battle to determine the next St. Louis County Prosecuting Attorney, setting the path for Melissa Price-Smith to be named the Wesley Bell's successor.

Both Parson and Page have claimed different reasons as to why they had the choice to pick Bell's successor, with Page pointing to the St. Louis County charter, while Parson pointing to the Missouri Constitution.

The decision comes two days after Judge Brian May heard arguments over who has the official authority to appoint the next prosecuting attorney for St. Louis County between Parson and St. Louis County Executive Sam Page after Parson and Missouri Attorney General Andrew Bailey sued St. Louis County in late November, attempting to block Page from picking his choice for county prosecutor.

According to May's 11-page ruling, the prosecutor is a state officer and not an officer "merely for the county in which he or she is elected or appointed" and that "a county prosecuting attorney's authority is not limited to crimes that only occurred within the geographic boundaries of his or her county."

Page was issued a court order barring him from "taking any further steps to fill the anticipated vacancy."

Earlier in the week, before the ruling, four St. Louis County Councilmembers filed a lawsuit against Page, who planned to illegally bypass the council is naming Bell's replacement as county prosecutor.

Parson nominated Price Smith who has been a member of the St. Louis County Prosecuting Attorney's Office since 2008, as his choice for the role, while Page's pick was former federal prosecutor Cort VanOstran, who a St. Louis County Board Committee voted unanimously earlier in the week to recommend that the full St. Louis County Council to reject VanOstran's nomination.

Smith is expected to be sworn in on Jan. 3, 2025, after Bell resigns his post and is sworn in to the U.S. House of Representatives.

Bell released a statement shortly after the ruling praising, Price Smith as someone who is a "highly capable and competent leader of the prosecuting attorney's office."

"Assuming the Court’s decision stands and Melissa is sworn in as the next St. Louis County Prosecuting Attorney, she will have all my support from my new position representing Missouri’s 1st Congressional District," said Bell in a statement. "She knows and everyone in our office knows that I will always work with them and be available to help this office as the next Congressman."

Missouri Attorney General Andrew Bailey released a statement following the ruling.

"The rule of law matters. Gov. Parson has the clear authority to appoint a prosecutor that will deliver results for Missourians, which is why we filed suit," said Bailey. "I’m glad the Court recognized that and sided with us today."

KMOX Legal Analyst Brad Young, along with KMOX Political Analysts Michael Kelley and John Hancock gave their takes throughout the week on the legal battle and all three unanimously predicted the judge would rule in favor of Parson.

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