Missouri Gov. Mike Parson, left, and ӣƵ County Executive Sam Page
CLAYTON — ӣƵ County will have a new prosecuting attorney shortly after the New Year when Wesley Bell leaves office to take his newly won seat in Congress. The process to replace him has been fraught with politics.
Here are the answers to six questions about how the new prosecutor was picked, and what happens now:
Who will be the county’s next prosecuting attorney?
When Bell leaves office on Jan. 2, Republican Gov. Mike Parson will appoint his replacement, barring any court intervention.
Parson , an assistant prosecuting attorney in ӣƵ County and a Democrat, to replace Bell.
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County Executive Sam Page also had a replacement lined up: former federal prosecutor Cort VanOstran.
But Missouri Attorney General Andrew Bailey sued Page and the county, arguing the governor gets to pick Bell’s replacement. Last week, a judge in ӣƵ County Circuit Court sided with Parson and forbade Page from making an appointment.
Why did the judge side with Parson?
Circuit Judge Brian May decided the governor has the power to make the appointment because the prosecutor is a state officer and not an officer “merely for the county in which he or she is elected or appointed.”
“This conclusion is reinforced by the fact that a county prosecuting attorney’s authority is not limited to crimes that only occurred within the geographic boundaries of his or her county,” May wrote. “For these reasons, the court concludes that the governor has the exclusive authority to fill the anticipated vacancy.”
But the governor hasn’t always made county prosecuting attorney appointments. After the resignation in May 2023 of St. Charles County Prosecuting Attorney Tim Lohmar, County Executive Steve Ehlmann appointed Joseph McCulloch as a replacement.
ӣƵ County attorneys pointed to that example in their arguments before the judge. But May wasn’t convinced.
Throughout Missouri history, the governor has never asserted the authority to appoint a prosecuting attorney in a county with its own charter, said Neal Perryman, a private attorney hired to represent Page and the county.
“So what?” May asked.
Who is Melissa Price Smith?
Price Smith has been an assistant prosecutor in ӣƵ County since 2008. She leads the sexual assault and child abuse team.
She grew up in Creve Coeur, and earned a bachelor’s in psychology from the University of Missouri-ӣƵ and her law degree from ӣƵ University.
Price Smith’s first job was in ӣƵ under former Circuit Attorney Dee Joyce-Hayes. She then practiced civil litigation for seven years before going to work for ӣƵ County.
Why was the process so political?
The county’s top law enforcement official is responsible for prosecuting people accused of crimes, and plays an essential role in maintaining public safety in the region.
It’s also an elected position. Price Smith, should she prevail in being appointed prosecuting attorney, will have to consider launching a campaign before Bell’s term ends in January 2027. She has said she intends to try to keep the job.
And it’s a powerful position because it comes with the ability to decide when to prosecute high-profile cases, or not.
For instance, the prosecuting attorney’s office tried to remove county Republican Councilman Dennis Hancock, of Fenton, from office earlier this year for trying to hire his stepdaughter in violation of Missouri’s ban on nepotism in public office. The prosecutor’s office later dropped the case.
And just Tuesday, charges against County Clerk Diann Valenti became public in a case connected to her processing of Hancock’s stepdaughter’s personnel records.
When a prosecutor fails to do their job, it has serious consequences. Former ӣƵ Circuit Attorney Kimberly M. Gardner resigned last year after facing intense criticism from victims, defense attorneys, judges and even her own staffers.
Why is the ӣƵ County Council involved?
If Page were able to make the appointment, the County Council would have the power to confirm, reject or simply not vote on his pick. The county executive said if the council rejected or didn’t vote on his appointee, he would simply make VanOstran an interim prosecuting attorney, which he said doesn’t require council approval.
Councilmembers were incensed by Page’s plan to bypass them. They filed suit separately asking a judge to prevent Page from naming an interim, if it came to that. But so far, the issue has been avoided because of the judge’s decision to side with the governor.
What’s next?
ӣƵ County has already made moves to in the Eastern District of the Missouri Court of Appeals.
And the Missouri Supreme Court on Monday rejected the county’s request to expedite the case, in effect sending it to the appeals court.
ӣƵ County and the state took their battle over the ӣƵ County prosecuting attorney pick to the courts on Dec. 18, 2024. ӣƵ County argues that it should have control over current prosecuting attorney Wesley Bell’s replacement, while the state says the governor has the right.
