ST. LOUIS COUNTY, Mo. – A lawsuit filed Wednesday by the office of Missouri Attorney General Andrew Bailey seeks to block St. Louis County Executive Sam Page from naming a prosecutor to replace St. Louis County Prosecutor Welsey Bell. 

Bell is headed to Congress, which leaves his seat in the county open. Earlier this month, we reported on the likelihood the debate would be headed to court. 

The lawsuit asks for the court to enter a judgment declaring that the Missouri governor has the power to fill a vacancy in the office of the St. Louis County Prosecuting Attorney.

The Missouri Constitution states the governor “shall fill all vacancies in public offices, unless otherwise provided by law.”

The St. Louis County charter does have a law in place directing the authority to the St. Louis County Executive along with approval from the St. Louis County Council.

The lawsuit argues the county charter does not override the governor’s authority.

Gov. Mike Parson did not intervene when the St. Charles County Executive, a Republican, appointed a prosecutor. St. Louis County and St. Charles County are both considered charter counties, giving them more local authority than other counties. 

When asked earlier this month about why the governor did not intervene when St. Charles County named a new prosecutor but is intervening now to block St. Louis County Executive Sam Page, a Democrat, Parson said, “I can get involved whenever I want to get involved because that’s what the statute says.”

“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,” Doug Moore, communications director for Page, said.

Parson added that he’s picked over half of the judiciary in the State of Missouri without being accused of being political.

“All I want is the right person to be in St. Louis County to do a good job being prosecutor,” he said.