ST. LOUIS—A former congressional candidate who until recently was an assistant U.S. Attorney for the Eastern District of Missouri is St. Louis County Executive Sam Page’s choice to become the next Prosecuting Attorney. Cort VanOstran would serve out the remainder of Wesley Bell’s term in office if the pick is allowed to stand. Missouri Gov. Mike Parson and Attorney General Andrew Bailey filed suit last week, arguing that Parson has the legal authority to fill the vacancy. Bell will be sworn in as a member of Congress Jan. 3.

“Cort VanOstran is a proven public servant. 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. “As the next St. Louis County Prosecuting Attorney, he will work every day to keep our community safe.”

VanOstran was the Democratic nominee for Missouri’s second congressional district seat in 2018 when he was defeated by the incumbent, Ann Wagner. Before the U.S. Attorney’s office, he was in private practice.

St. Louis County says its charter authorizes the County Executive to nominate a replacement from the same political party as the outgoing officeholder, who would then need county council approval. VanOstran could also serve in an interim capacity, if necessary, a spokesperson told Spectrum News.

The state says the exclusive authority lies with the governor and that in cases with dueling claims, a lawsuit filed last week says “the conflict can and should be resolved in favor of the Governor once the Governor announces his intent to fill a vacancy and takes steps to fill the Vacancy.” The governor's appointee would not require council approval.

Six candidates applied prior to the state’s deadline, although other candidates were being considered. "

"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," a Parson spokesperson said Tuesday.

“The law is clear that Governor Parson has exclusive appointment authority under Article IV, § 4 of the Missouri Constitution to fill the vacancy in the St. Louis Prosecuting Attorney’s Office,” Attorney General Bailey said in a statement Tuesday morning. “We are moving forward undeterred to enforce the law as written.” 

St. Louis County responded to the lawsuit in court Tuesday by filing a motion to dismiss. On Monday, the state requested a change of the judge in the case, which was granted Tuesday. There are no scheduled hearings for the case.  

Bell said last week that he hoped to avoid a scenario where his office needs to prepare for transitions involving two candidates, but anticipated a quick resolution in the event the issue was taken to court.