ST. LOUIS COUNTY, Mo.—Hours before lawyers for the state of Missouri and St. Louis County meet in a Clayton courtroom Wednesday to argue who has the proper legal authority to appoint a new county prosecuting attorney, St. Louis County lawmakers heard Tuesday night from the two people named to the post by Missouri Governor Mike Parson and County Executive Sam Page. The hours-long session ended with what could be an ominous omen for Page's selection.

Page, who believes state law and the county charter give him the authority, announced former federal prosecutor and private attorney Cort VanOstran as his selection to succeed Wesley Bell. Bell will resign Jan. 2 ahead of being sworn into Congress the following day. 

Parson and attorney general Andrew Bailey argue that state law gives the governor the primary legal authority to make the pick. Last week, Parson announced Melissa Price Smith, a veteran of the current office. Parson’s appointment would not require county council approval, and unlike the county charter, doesn’t require him to name a Democrat to replace a Democrat.

During a committee hearing that at times felt like a political debate doubling as a job interview, VanOstran was pressed on his lack of trial experience--1 trial--compared to Smith's more than 35 cases, while Smith pressed on the idea that her leadership of the office might signal a reversal of changes made to the office when Bell defeated longtime incumbent Robert McCuilloch in 2018.

"I think as an independent outsider, coming in and listening to everyone objectively, really understanding what is working in that office, what needs to change, to make sure that we are addressing any dysfunction, backlog (of cases) that does exist, I think that's something that I'm well-positioned to do," VanOstran said, while pledging to install former assistant prosecuting attorney Carrie Constantin as a chief deputy.

"I have never been a part of a Bob McColloch boys club, I can assure you of that," Smith said, while promising that Bell reforms, including diversion and treatment programs, and a focus on diversity, would continue under her leadership, while also promising to immediately start a violent crime unit and a homicide unit, and work with the circuit court to start a "rocket docket" that would consist of low-level cases as a way of clearing through a case backlog.

Both candidates said they supported some form of department auditing.

The public learned Tuesday night that Smith applied through both the county and state processes, reaching the interview stage with Page. She also made a stunning acknowledgment, claiiming that someone representing Page twice called her during the county process, asking her to find "dirt" on incoming councilman Mike Archer. Smith did not know who it was the called her, but she told the person that she did not have any information on Archer, a former St. Louis County assistant prosecutor. 

A Page spokesperson did not immediately respond to a request for comment late Tuesday.

After meeting in a closed session, the five council members present for the committee hearing voted unanimously to recommend that the full council reject VanOstran's nomination. Two members, Lisa Clancy and Kelli Dunaway, were not present at the time of the vote. 

Two members, Chair Shalonda Webb and Mark Harder, have filed a motion to intervene in the dispute between the state and the county to “enjoin him (Page) from independently selecting and placing any person into the office of the Prosecuting Attorney without Council confirmation, and from appointing an “acting” prosecutor as a permanent replacement as a way to circumvent the County Council’s authority.”

VanOstran said he was surprised by reports that the Page administration has said it would look for VanOstran to serve in an acting capacity pending council approval. 

"I want to win council approval," he said.

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