CLAYTON, Mo. — A judge is expected to rule by the end of the week on which governing body has authority to appoint a new St. Louis County prosecuting attorney after hearing arguments Wednesday.

Gov. Mike Parson and Attorney General Andrew Bailey have argued that state law gives the governor the primary legal authority to make the decision. 

Last week, Parson announced Melissa Price Smith, a veteran of the current office, as his pick.

His appointment would not require County Council approval, and unlike the county charter, it does require him to name a Democrat to replace a Democrat.

St. Louis Executive Sam Page believes state law and the county charter give him the authority. 

He has 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. 

Judge Brian May will make the decision and said he will do so “quickly.” The opposing party can appeal the ruling. 

Lawyers on both sides explained their arguments more in depth during Wednesday’s court hearing.

Representing Parson and the state is Assistant Attorney General Andrew Crane.

Crane told the judge the governor has the general authority to make mid-term appointments for public office.

Crane said the legislature can limit the governor’s power, citing state statute 105.030, where the governor does not get to make public office appointments for counties that have a charter form of government.

However, he said state statute 105.050 is not similarly limited, which states, “the governor will appoint all prosecuting attorneys, attorneys general and circuit attorneys.”

Crane argued that the prosecuting attorney position is not a county officer role, claiming that prosecuting attorneys represent the state, not the county -- with the exception in small counties.

“The legislature and the state government chooses who represents the state in court. The county doesn’t get to say, unless the legislature says they get to say,” Crane said.

St. Louis attorney Neal Perryman represented Page and St. Louis County. He argued the prosecuting attorney position is limited to the county. 

He claimed that “the governor has never asserted the authority to appoint a prosecuting attorney of a charter county,” throughout Missouri’s history until now. 

Perryman claimed three current prosecuting attorneys appointed by county officials have been called “not legitimate” by the state. 

The judged said that Perryman does not know happened or what transpired in those cases. He said the governor and the county officials could have agreed on those appointments. 

If the ruling is in favor of the county, the County Council wants final oversight in the decision. 

There is a motion to intervene by an attorney representing St. Louis County Councilmembers Shalonda Webb, Mark Harder, Rita Days and Dennis Hancock.