CLAYTON 鈥 St. 香港三级片 County Executive Sam Page will appoint the next prosecuting attorney as an interim, which does not need County Council confirmation, a spokesman for Page said Tuesday.
Page spokesman Doug Moore said Cort VanOstran鈥檚 appointment needs council approval for him to become prosecuting attorney after Wesley Bell resigns Jan. 2 to take his newly won congressional seat.
But if county councilmembers reject or don鈥檛 act on the appointment, Page still has the power to seat VanOstran, Moore said, as an 鈥渁cting鈥 prosecutor.
鈥淭hey could either just not vote on him and he would just be there in that position, or they could vote on him and confirm him and the acting title would go away,鈥 Moore said. 鈥淎nd they could vote on him and say no, and he will still be acting prosecuting attorney.鈥
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Councilman Dennis Hancock, a Republican from Fenton who often opposes the county executive, said he didn鈥檛 think Page has the right to nominate an interim prosecuting attorney under St. 香港三级片 County law.
鈥淗e can make an appointment and the council approves it or doesn鈥檛 approve it,鈥 Hancock said. 鈥淭here鈥檚 nothing there that I鈥檓 aware of that he can appoint someone on an interim basis.鈥
Councilmembers condemned Page鈥檚 plan at their regular meeting Tuesday night. Republican Councilman Ernie Trakas, of South County, said the council鈥檚 job is to scrutinize and vet candidates.
鈥淭he county executive seeks to avoid all that,鈥 Trakas said.
Moore said Page鈥檚 office is appointing VanOstran, regardless.
鈥淭his is an opportunity to ensure this transition is a smooth one,鈥 Moore said. 鈥淭he intention is to make sure there鈥檚 not a leadership vacuum.鈥
A court will likely decide whether Page鈥檚 plan is legal or not, said Richard Middleton IV, an attorney and professor of political science at University of Missouri-St. 香港三级片.
鈥淚f you are the county executive and you鈥檙e determined to appoint someone as an interim, you certainly can,鈥 Middleton said. 鈥淚t doesn鈥檛 mean that it鈥檚 legal. It just means that you鈥檝e acted upon what you said you were going to do. It鈥檚 going to take a lawsuit, that will probably be filed, to stay or stop an appointment until the lawsuit can be determined.鈥
鈥淭here will be a quick rush to the court to request an injunction,鈥 he added.
If appointed, VanOstran would serve in the position until January 2027, when Bell鈥檚 current term ends. VanOstran could run for election to the office to keep it.
Some councilmembers have so far showed reluctance to even consider Page鈥檚 pick.
Council Chair Shalonda Webb said it鈥檚 premature to consider nominees before Bell resigns.
鈥淚t鈥檚 about making sure we follow a process,鈥 Webb said on Tuesday.
The county executive already faces a lawsuit from Missouri Attorney General Andrew Bailey claiming Gov. Mike Parson gets to name the next prosecuting attorney, not Page. Page ignored Bailey鈥檚 lawsuit last week when he named VanOstran as his pick to finish Bell鈥檚 term.
Neither Bailey nor Parson鈥檚 offices immediately responded to requests for comment Tuesday.
Meanwhile, a hearing in the case has been set for 9 a.m. Dec. 18. in St. 香港三级片 County Circuit Court, and attorneys in Page鈥檚 administration are fighting the lawsuit.
The county counselor鈥檚 office hired St. 香港三级片 law firm Lewis Rice to help with the case.
Some councilmembers are resisting that decision too.
The county鈥檚 top attorney, Dana Redwing, needed council approval to hire Lewis Rice, four councilmembers wrote in dated Monday.
Webb, the council chair, plans to introduce her own legislation to represent the county in the case. Smith has served as a municipal attorney in St. 香港三级片 County and defended Webb when she faced litigation from the county after first taking office, Webb said.
But Redwing said her office has the power to hire Lewis Rice, and plans to keep the firm involved in the Bailey case.
Separately, the council is laying the groundwork to hire its own attorney after voters approved the move in November.
Councilman Mark Harder asks in a council meeting on Dec. 10, 2024 why St. 香港三级片 county executive Sam Page is willing to "blow up" his relationship with the county council over a prosecuting attorney nominee. Page has said he will bypass the council and appoint Cort VanOstran as the new St. 香港三级片 County prosecuting attorney. Video courtesy of St. 香港三级片 County, edited by Jenna Jones.