ST. LOUIS — In an 11-page ruling, a St. Louis County judge gave Missouri Gov. Mike Parson a sweeping victory over St. Louis County Executive Sam Page concerning who has the legal authority to to appoint a new Prosecuting Attorney. 

Wesley Bell will resign from the office no later than Jan. 2 so that he can be swown in as a member of Congress on Jan. 3.

Parson sued after Page announced the appointment of Cort VanOstran, a former federal prosecutor and a 2018 candidate for congress. Parson announced current St. Louis County Assistant Prosecuting Attorney Melissa Price Smith, as his nominee last week. 

After hearing arguments from both sides on Wednesday, St. Louis County Judge Brian May ruled Friday that the position of prosecuting attorney is not solely a county position, but is "delegated the power to enforce state law." 

May also ordered that St. Louis County be "permanently enjoined from taking any further steps to fill the anticipated vacancy in the Office of the St. Louis County Prosecuting Attorney."

The Page administration had said he would appoint VanOstran in an acting capacity pending county council approval. 

St. Louis County contended that its charter gives the the county the right to make the appointment, but in his ruling, May said the state constitution addresses the "manner of selection of county officers," adding "it appears that this constitutional provision merely requires counties with charter forms of government to define the manner by which county officers are selected for a term of office," but doesn't address filling a vacancy during the term. 

A Page spokesperson said the county disagreed with the ruling and would appeal.

"The voice of St. Louis County residents is taken away when charter language is ignored," Doug Moore said.

Going into the process, Bell publicly voiced support for having someone from inside his leadership team chosen as his successor. On Friday, he said that he had endorsed Price Smith among others to Page, before Page opted for VanOstran. 

"While I am not pleased with the precedent set by the Governor superseding local authority in making this important appointment and I expect the Court’s decision to be appealed, I have always thought Melissa Price Smith a highly capable and competent leader of the prosecuting attorney's office," he said. 

Attorney General Andrew Bailey hailed the ruling.

"The rule of law matters. Governor Parson has the clear authority to appoint a prosecutor that will deliver results for Missourians, which why we filed suit," he told Spectrum News. "I'm glad the Court recognized that and sided with us today."

"Melissa Price Smith is an experienced and accomplished prosecutor, and Governor Parson looks forward to her leadership in improving public safety and upholding law and order in the St. Louis region," a Parson spokesperson told Spectrum News on Friday.

As a state appointee, Smith would not require county council approval.