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Administrative: Replacement of County Prosecutor-Governor’s Appointment

Staff Report//January 16, 2025//

Administrative: Replacement of County Prosecutor-Governor’s Appointment

Staff Report//January 16, 2025//

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Defendants appealed the trial court’s judgment that declared that the governor had the exclusive authority to fill an imminent vacancy in the office of the county prosecuting attorney. Defendants claimed that they had the authority to appoint a replacement for the departing prosecuting attorney under the county charter.

Where the county prosecuting attorney performed essential state functions, the governor plainly had the constitutional and statutory authority to fill vacancies in that office.

Judgment is affirmed.

State v. St. Louis County (MLW No. 82583/Case No. ED113210 – 8 pages) (Missouri Court of Appeals, Eastern District, Torbitzky, J.) Appeal from circuit court, St. Louis County, May, J. (Dana Tucker Redwing, Neal F. Perryman, Michael L. Jente and Daniel C. Carter for appellants) (Andrew J. Crane for respondents)

 


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