51ºÚÁÏ

In a letter sent Thursday to 51ºÚÁÏ 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.�

The state and county now even have dueling application processes.

Earlier this week, Page announced he was taking applications for Bell’s soon-to-be-vacant job. On Friday, Gov. Mike Parson also said his office is seeking applications.

Replacing Bell, the governor’s office said — similar to its “historic opportunityâ€� to appoint a new 51ºÚÁÏ City Circuit Attorney — will allow the state to help bring “meaningful and lasting change that strengthens public safety in our state’s largest metro area.â€�

In May 2023, Parson named Gabe Gore as the city’s top prosecutor to replace Kim Gardner, who resigned under fire for alleged mismanagement of her office.

The state’s deadline to apply for the position is Nov. 22, with a new prosecutor being named before Jan. 3, the probable date of Bell’s swearing-in as a U.S. Congressman.

Page’s office said it plans to carry on with its own application process.

“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.

“The process does not change because the county executive is of a different party than the governor,� Moore said.

St. Charles County Executive Steve Ehlmann named Tim Lohmar’s successor in April 2023.

Page is a Democrat; Bailey, Ehlmann and Gov. Mike Parson are Republicans.

Ehlmann said Friday that when he named Joseph G. McCulloch to replace Lohmar, “We didn’t contact the governor’s office, and we never heard from them either.�

As to the current flap between the state and 51ºÚÁÏ County, Ehlmann declined to comment, saying it likely would be an issue eventually decided in court.

Bailey’s office did not respond to telephone calls or emails seeking further comment.

Bell, who was elected Tuesday to represent the 1st Congressional District, is expected to quit his county post before Jan. 3.

Speculation about Bell’s potential replacement has been the subject of consistent courthouse chatter since Bell beat incumbent Cori Bush in the August primary.

The potential legal fracas arises from the fact that 51ºÚÁÏ County has its own charter and therefore possesses some legislative and executive powers that non-charter counties do not.

For instance, 51ºÚÁÏ 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, was 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 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 51ºÚÁÏ 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 nor reject a Page replacement for Bell — and that, according to County ordinance, would in essence approve Page’s nomination.

Hancock has been accused of nepotism for trying to hire his 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 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 51ºÚÁÏ 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 previously worked for Gardner; and Chelsea Draper, a former assistant U.S. Attorney and Bell’s former deputy chief of staff who now works in private practice.