ST. LOUIS COUNTY, Mo. — The St. Louis County Counselor responded to Missouri Attorney General Andrew Bailey on Tuesday with a letter laying out the specifics of why she believes County Executive Sam Page has the sole authority to select the replacement for Prosecuting Attorney Wesley Bell in January.
The letter from St. Louis County Counselor Dana Tucker Redwing comes less than a week after Gov. Mike Parson claimed he had the sole authority to pick a replacement for Bell, who won a seat in the U.S. House of Representatives on Election Day. In the letter, Redwing said Bailey's argument on Parson's behalf ignored key parts of the state's constitution.
On Friday, Bailey's letter to the county executive said Parson's office would fill the vacancy because of a portion of the the Missouri Constitution that said the governor “shall fill all vacancies in public offices, unless otherwise provided by law[.]” Redwing said that as a charter county, St. Louis County does have a law for how to pick a replacement, putting it into the "unless otherwise provided by law" category.
"Your November 7 letter, for whatever reason, ignores Article VI, section 18(b) of the Missouri Constitution's explicit grant of authority to charter counties like St. Louis County," Redwing wrote in the letter.
Redwing said that is why St. Charles County was able to pick a replacement prosecutor in 2023, and why St. Louis County is following the same process.
Redwing said Parson's argument that he selected a replacement for Kim Gardner as Prosecuting Attorney in the city of St. Louis has no bearing on the process in St. Louis County. She said the Missouri Constitution specifically states the city can not "provide for the manner of selection of that office," which is why the governor was able to make that selection.
"The County Executive intends to exercise his sole authority in this regard, as I have previously advised the Governor," she said in the letter.
Page's office is continuing to collect applications through the St. Louis County website. According to the press release and the application page, applicants must be:
- A member of the same political party as the previous occupant. Bell is a Democrat.
- A licensed practicing attorney in Missouri for at least five years and resident of the county for at least three years before assuming office.
The page says applications will be accepted through Nov. 15. Click here for more information.
Redwing said Bailey should respond by Nov. 15 if he has "additional legal authority to support" the governor's effort to fill the impending vacancy.
"Otherwise, St. Louis County will consider this matter resolved and move forward," the letter said.
The governor's office is accepting applications through Nov. 22. His press release said applicants must meet all statutory requirements for a prosecuting attorney. It also said they are seeking a candidate with the following qualities:
- Commitment to the written rule of law.
- Strong managerial experience.
- Record of fair and just application of state and local law.
- Member of the St. Louis metropolitan community.
Anyone seeking to be considered can apply at boards.mo.gov.
Page will pick from the applicants and the chosen candidate will need to be approved by the County Council, in accordance with the county charter.
Last week, the governor's office said it was accepting applications through Nov. 22. His press release said applicants must meet all statutory requirements for a prosecuting attorney. It also said they are seeking a candidate with the following qualities:
- Commitment to the written rule of law.
- Strong managerial experience.
- Record of fair and just application of state and local law.
- Member of the St. Louis metropolitan community.
Anyone seeking to be considered can apply at boards.mo.gov.
