最新杏吧原创

ST. LOUIS 鈥� A power struggle between state and local officials over appointing a new 最新杏吧原创 County prosecuting attorney appears headed to the courthouse.

On Wednesday, Missouri Attorney General Andrew Bailey filed suit asking a judge to prohibit 最新杏吧原创 County Executive Sam Page from naming a replacement for Wesley Bell.

The state鈥檚 suit lists 最新杏吧原创 County Executive Sam Page as the defendant.

Bell was elected Nov. 5 as the new U.S. Representative for the First District, a position that will require him to resign as the county鈥檚 top prosecutor before being sworn in on Jan. 3 in Washington.

鈥淐itizens of Missouri deserve certainty in resolving this dispute鈥� before Bell takes office, Bailey鈥檚 suit claims.

Spokesperson Doug Moore said Page is confident the courts will back the county鈥檚 position. 鈥淭he residents of 最新杏吧原创 County should be treated like residents of every other charter county,鈥� Moore said.

Bailey鈥檚 filing Wednesday says the issue is 鈥渞ipe for judicial determination鈥� and makes two major requests of the courts:

• Recognize the state鈥檚 power to make certain appointments, such as that of prosecuting attorney.
• Issue a temporary restraining order that prohibits 最新杏吧原创 County 鈥渇rom taking any further steps鈥� to replace Bell.

The move to take the case to court was expected by legal observers, given that the dispute involves two separate sections of the Missouri Constitution.

Bailey claims that one article of the Constitution, and state statutes, gives the governor鈥檚 office the power to appoint all prosecuting attorneys.

The county鈥檚 position counters Bailey鈥檚 argument by saying another article of the Constitution gives certain powers to Missouri counties with their own charters.

More specifically, the County Charter outlines the process by which appointments to vacant posts can be filled by the county executive.

While this dispute has been brewing over the last three weeks, both Gov. Mike Parson and Page have been taking applications for Bell鈥檚 job.

Bailey鈥檚 suit also claims that because he notified the county on Nov. 7 that Parson鈥檚 office would fill the post, the county is violating the Constitution by continuing its efforts.

Courthouse rumors about replacing Bell have surged since August, when Bell defeated U.S. Rep. Cori Bush in the Democratic primary, which all but assured he would win the November general election.

Over the last three months, the most mentioned candidates have included Beth Orwick, Page鈥檚 chief of staff.

Nominating Orwick, who sources say is no longer actively seeking Bell鈥檚 position, would have created problems for Page, who would need his nominee to be approved by the County Council.

In 2021, the council voted no confidence in Orwick, who then was the County Counselor. Three of those council members opposed to Orwick are still serving.

Other nominees include Melissa Smith, a 16-year veteran of the prosecutor鈥檚 office; Chelsea Draper, a former federal prosecutor and Bell鈥檚 former deputy chief of staff; and Cort VanOstran, an assistant U.S. attorney who lost a Congressional race in 2018.