ST. LOUIS COUNTY, Mo. — County Executive Sam Page announced his selection to replace Wesley Bell as the St. Louis County Prosecuting Attorney amid an ongoing dispute over whether Page or Missouri Gov. Mike Parson will choose who will fill the role.
Page announced his selection of Cort VanOstran, a Democrat and former federal prosecutor, to replace Bell when Bell is sworn in as a member of the U.S. House of Representatives in January.
Whether Page's pick will get the chance to fill the role is still to be determined. Late last month, Parson and Missouri Attorney General Andrew Bailey filed a lawsuit in an attempt to keep Page from filling the vacant county prosecutor seat.
Both sides have claimed authority to name the next prosecuting attorney. Page has said they are following what is laid out in the St. Louis County charter and is similar to the process used to find a replacement for former St. Charles County Prosecuting Attorney Tim Lohmar, who also resigned in 2023.
Bailey has said Missouri's constitution gives Parson the power to make the pick.
In a statement after Bailey's lawsuit was filed, Page's Chief Communications Officer Doug Moore said the "residents of St. Louis County should be treated like residents of every other charter county."
"Dr. Page is confident in our position and that our position will be affirmed by the courts," Moore said.
Attorneys for the county on Tuesday filed a motion for the case to be dismissed, saying Bailey's argument is "contrary" to the state's constitution. St. Louis County Counselor Dana Tucker Redwing provided a similar argument to Bailey in a written response before Bailey's lawsuit was filed.
According to online court records, no court date has been set for the case.
“The Constitution of the State of Missouri says the Governor will appoint the prosecutor,” 5 On Your Side Legal Expert Anders Walker said. “It is not only clear on that, but the state legislature has also codified that. State law says expressly that the governor will appoint prosecutors if there are any vacancies.”
So how does this case differ from the appointment for St. Charles County's prosecuting attorney?
“St. Charles County did appoint a replacement for Tim Lohmar locally because the Governor didn’t care,” Walker said. “This time, the governor does care.”
“Typically, conservatives tend to favor local control except when it clashes with what they want,” 5 On Your Side Political Analyst Manion said.
Tuesday's announcement said VanOstran resigned his position as an assistant U.S. attorney for the eastern district of Missouri in order to accept the new role.
"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,” Page said in the announcement. “As the next St. Louis County Prosecuting Attorney, he will work every day to keep our community safe.”
“(VanOstran) does have extensive experience as an attorney and as a prosecutor,” Manion said. “I think that’s what Sam Page is drawing upon.”
VanOstran earned his law degree from Washington University. Before becoming an assistant U.S. attorney, he was in private practice with St. Louis law firm Gray Ritter Graham.
He ran for Congress against Ann Wagner in 2018 and lost by about four percentage points.
In a Tuesday statement, Parson's office said, "Executive Page’s action today changes nothing for Governor Parson in naming the next St. Louis County Prosecuting Attorney. Governor Parson is moving forward and has started the interviewing process to find the best-qualified individual for the job, regardless of political affiliations. We remain confident in our legal authority to name this appointment and look forward to the Courts affirming our position."
The state stopped accepting applications for the county prosecutor position on Nov. 22.
“It will be interesting to see if the governor brings out his pick,” Manion said. “Does he have a pick? Who might that be?”
If Page is permitted to pick Bell's successor, VanOstran would still need to be approved by the St. Louis County Council, according to the process laid out in the county charter.
St. Louis County has until Jan. 1 to reply to the attorney general's suit.