Court battle likely over replacing St. Louis County prosecutor

ST. LOUIS COUNTY, Mo. – A legal dispute over replacing St. Louis County Prosecutor Wesley Bell appears headed for a court showdown.

On Tuesday, an attorney for St. Louis County sent a letter to Missouri Attorney General Andrew Bailey, stating the county has the legal authority to name Bell's successor.

The letter comes soon after Missouri Gov. Mike Parson surprised St. Louis County officials by announcing his office would handle the replacement of Bell .

Attorney Jay Kanzler, of Witzel, Kanzler & Dimmitt, is not part of the legal dispute, but he does have experience with government law. Kanzler said the Missouri constitution does address the issue of replacing a prosecutor.

"What it does say, is the governor will appoint the prosecuting attorney unless otherwise provided by law," he said.

Kanzler added the St. Louis County charter does contain an ordinance giving the county authority to name a prosecutor but adds the dispute appears headed for a courtroom showdown.

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Tuesday's letter, signed by St. Louis County Counselor Dana Tucker Redwing, referenced how St. Charles County recently appointed prosecutor Joseph McCulloch without state interference.

St. Charles County Executive Steve Ehlmann confirmed on Tuesday there was no pushback.

"We didn't call or ask the AG or the governor about it, but neither did they call us and suggest that they could," Ehlmann told FOX 2.

He added McCulloch was the second county prosecutor appointed during his administration.

Kanzler believes the St. Charles cases support St. Louis County's argument.

"I think that is going to weigh heavily on any court that says, 'Wait a minute, why was it different in the instance of St. Charles County other than they're mostly Republicans out there versus a St. Louis County Executive who is a Democrat?'" he said.

If a court showdown delays the appointment process, it could result in the next county council having the final say. A county executive appointment would require approval from a majority of council members.

Newly elected members will be sworn in at the beginning of next year. The new council is expected to consist of fewer political allies of County Executive Sam Page.

Below is the full letter sent to Bailey. His office did not respond to a request for comment.