Governor gets to name Wesley Bell’s successor, Missouri AG tells Sam Page
As if naming a new prosecuting attorney to succeed Wesley Bell needed more political sparring, the state of Missouri has now stepped into the ring.
In a letter sent Thursday to St. Louis County officials, state Attorney General Andrew Bailey said the governor holds the power to name Bell's replacement, not County Executive Sam Page.
Any attempt to do otherwise "would likely be a violation of the (Missouri) Constitution," Bailey tells Page.
Bailey doesn't seem to be open to negotiation with the county, either.
In the letter, Bailey said if Page should believe that some conflict between state and county law exists, "you must defer to the Governor."
He even establishes a deadline, asking Page to "respond no later than 5 p.m. (Tuesday) and confirm that you will not usurp the Governor's exclusive appointments power."
Page announced earlier this week that he was taking applications for Bell's soon-to-be-vacant job.
"We are following the process that St. Charles County went through when a new prosecutor was selected there last year," Page's spokesman Doug Moore told the Post-Dispatch.
St. Charles County Executive Steve Ehlmann named Tim Lohmar's successor in April 2023.
"The process does not change because the county executive is of a different party than the governor," Moore said.
Page is a Democrat; Bailey, Ehlmann and Gov. Mike Parson are Republicans.
Bell, who was elected Tuesday to represent the 1st Congressional District, is expected to quit his county post before he is sworn in on Jan. 3.
Speculation about who Page would offer up as a replacement has been the subject of courthouse chatter since Bell beat incumbent Cori Bush in the August primary.
The potential legal fracas arises from the fact that St. Louis County has its own charter and therefore possesses some legislative and executive powers that non-charter counties do not.
For instance, St. Louis County's charter specifically outlines the process by which appointments to vacant posts can be filled by the county executive.
Bailey, however, claims in his letter that a county charter does not allow any county to take away powers granted to the state directly by state law.
State statutes clearly say that the governor has the power to appoint all prosecuting attorneys, Bailey contends.
County Counselor Dana Redwing, the county administration's lead legal staffer, is unavailable for comment until Monday.
With conflicting views on how Bell gets replaced, the ultimate decision could end up coming in court, a process that could prove to be an impediment to Page's ability to quickly make an appointment.
Some political observers believe time is of the essence for Page in the situation, because his nomination would have to be submitted to the St. Louis County Council for approval.
Page's relationship with the council should become even rockier in coming months, due to results from Tuesday's elections.
Right now, the council generally opposes Page's initiatives by a 4-3 vote. Related to that voting breakdown is a pending plan to remove Councilman Dennis Hancock, R-3rd District, from his seat on charges of nepotism.
Without Hancock, a 3-3 vote would neither confirm or rejection a Page replacement for Bell, which the County Charter states would in essence approve Page's nomination.
Hancock has been accused of nepotism for trying to hire is stepdaughter. Bell's office has begun a quo warranto process to remove him from office.
That effort has been slowed by Circuit Judge John N. Borbonus, who this week denied a motion by Bell's office to shorten the process for ousting Hancock. He set a hearing for Nov. 18 to hear all motions in the case.
Either way, those current breakdowns of council votes are substantially better that what Page will face in January.
Two new council members not allied with Page, Republican Mike Archer and Democrat Gretchen Bangert, will replace two staunch Page backers, Republican Ernie Trakas and Democrat Kelli Dunaway.
With his only tried-and-true council ally being Democrat Lisa Clancy, Page very well may face a flood of 6-1 opposing votes.
As to Bell's replacement, sources say Page favors his own chief of staff, Beth Orwick. She is a former county counselor and a past federal and St. Louis prosecutor.
Naming Orwick could make for flying sparks on the council.
As county counselor in 2021, Orwick unsuccessfully sued the council in a dispute over who would lead the legislative body. That battle included the council approving a " no confidence" resolution against Orwick.
Others possible replacements include Melissa Smith, a 16-year veteran of the county prosecutor's office; Danielle Smith, a more recently hired prosecutor who worked for St. Louis Circuit Attorney Kim Gardner; and Chelsea Draper, now in private practice. She is a former assistant U.S. Attorney and Bell's former deputy chief of staff.
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