ST. LOUIS—A St. Louis County judge will hear arguments next week over competing claims of authority to appoint a new prosecuting attorney to replace Wesley Bell, who will resign Jan. 2 ahead of being sworn in to Congress.

Missouri Gov. Mike Parson and Attorney General Andrew Bailey filed suit late last month, arguing that Parson has the legal authority to fill the vacancy under state law and that St. Louis County Executive Sam Page was warned that Parson planned to make the appointment. 

Page says state law and the county charter gives him the authority to make the choice. Last week he announced Cort VanOstran, a former federal prosecutor, as his nominee, pending county council approval. A spokesperson clarified Tuesday afternoon that VanOstran would serve in an acting capacity until he's confirmed. 

The state’s choice would not require county council approval and, unlike the county charter’s provisions, would not require the candidate to be from the same political party as the previous office holder. 

The state took in six applications, but also talked with other candidates, Parson’s office has said previously. Asked this week for an update on the interview process or a timeline for making an announcement, a Parson spokesperson said he had no new updates Tuesday.

St. Louis County Circuit Judge Brian May will hear arguments in the case Dec. 18 at 9 a.m.