Missouri governor and St. Louis County executive name appointees for same prosecutor job

By JIM SALTER The Associated Press

FILE - St. Louis County Executive Sam Page speaks during a news conference in Town and Country, Mo., on June 23, 2020. (AP Photo/Jeff Roberson, File)[ASSOCIATED PRESS/Jeff Roberson]

CLAYTON, Mo. (AP) — When the elected prosecutor in Missouri’s largest county leaves his job for a seat in Congress next month, an appointed replacement will take his spot. The question is: Which one?

Democratic St. Louis County Executive Sam Page and Republican Gov. Mike Parson have each named an appointee for the same job.

Page announced the appointment of former federal prosecutor Cort VanOstran on Dec. 3. Parson, on Thursday, named Melissa Price Smith, a longtime assistant prosecutor in St. Louis County.

The courts will determine which appointment stands, and time is of the essence. The outgoing prosecuting attorney, Wesley Bell, who defeated Rep. Cori Bush in the Democratic primary and won easily in November, will be sworn into Congress on Jan. 3. His appointed replacement as prosecutor will fill out the last two years of his term, which ends on Jan. 1, 2027.

Parson and Republican Attorney General Andrew Bailey sued Page and the county in November, arguing that the Missouri Constitution provides that the governor “shall fill all vacancies in public offices, unless otherwise provided by law.”

Parson’s spokesman, Johnathan Shiflett, also cited a statute which reads that the governor “shall appoint some competent person” in the event of a prosecuting attorney vacancy.

But Page counters that the relevant law here is the St. Louis County Charter, which “clearly states that the county executive is authorized to appoint the prosecuting attorney when a vacancy occurs,” his spokesman, Doug Moore, said in a statement on Friday. “We are confident the courts will agree. We will continue our focus on public safety.”

Another county with its own charter, neighboring St. Charles County, had a vacancy last year after Tim Lohmar resigned as prosecutor. St. Charles County Executive Steve Ehlmann, a Republican, appointed a replacement, Joseph McCulloch, without opposition from the governor.

For now, both Parson and Page are touting their picks.

Smith, 56, has worked in the St. Louis County Prosecuting Attorney’s Office since 2008 and currently supervises the team that prosecutes sexual assault and child abuse.

“For the success of our state and the safety of our people, we need an experienced St. Louis County Prosecutor who demands and upholds law and order,” Parson said in a statement. “Melissa is committed to the rule of law, and we are confident that she will deliver, as demonstrated by her distinguished career putting criminals behind bars, including child abusers, perpetrators of sexual assault, and violent offenders.”

Smith, in a statement, promised to use her “experience and institutional knowledge to fight for justice for crime victims, hold offenders accountable, and work with law enforcement towards a safer St. Louis County.”

VanOstran, 36, resigned as a federal prosecutor for Missouri’s Eastern District after his appointment. He handled fraud, embezzlement, identity theft, conspiracy, drug distribution and firearms offenses, a news release from Page’s office said.

He ran as Democrat for Congress in 2018, narrowly losing to incumbent Republican Ann Wagner in Missouri’s 2nd District.

“Cort VanOstran is a proven public servant,” Page said in a statement. “As a federal prosecutor, he’s worked to protect victims of crime. As an attorney, he’s represented everyday Missourians and stood up to powerful corporate interests. As the next St. Louis County Prosecuting Attorney, he will work every day to keep our community safe.”