ST. LOUIS—The Missouri Court of Appeals will hear arguments in the legal fight over who has the authority to appoint the next St. Louis County Prosecuting Attorney. St. Louis County and County Executive Sam Page are appealing last week’s ruling that found Missouri Gov. Mike Parson has the legal authority to name Wesley Bell's successor. 

Bell won a seat in Congress and will resign from office no later than Jan. 2 so that he can be sworn in 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. 

St. Louis County Circuit Judge Brian May ruled Dec. 20 that the position of prosecuting attorney is not solely a county position, but is "delegated the power to enforce state law." ​​

The notice of appeal filed Dec. 23 states St. Louis County and Sam Page expect to raise the issue of “whether the circuit court erred in concluding that the St. Louis County Prosecuting Attorney is not a county officer.” 

Among other issues listed was if the circuit court erred in concluding part of the Missouri Constitution does not apply to filing of a vacancy that arises during the term of a county officer. 

During the hearings in circuit court, St. Louis County contended that its charter gives the county the right to make the appointment. 

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. 

The case will go before the Missouri Court of Appeals Jan. 2.