The mayor of St. Louis has won the court battle to name the city’s next sheriff.   

A judge has ruled the mayor holds the ultimate power to fill the vacant seat. The ruling firmly rejects the state of Missouri’s argument that the governor possesses the constitutional authority to fill the vacancy.  

But the mayor can’t act alone. The judge says the mayor must seek nominations and advice from the board of aldermen and the city comptroller.  

“I sought clarity from the courts because it matters that appointments for vacant elected offices within St. Louis are made within the City, not by the State. I am grateful that the courts agree,” Mayor Cara Spencer said in a statement. 

“Once we have further clarity on whether the Sheriff’s Office legally has a vacancy, and once all parties have decided whether they will appeal any aspect of this decision, I am confident that the Board of Aldermen, Comptroller Baringer and I will move forward together to ensure continued stabilization of the Sheriff’s Office,” Spencer said. 

Gov. Mike Kehoe previously said he’d be OK with Spencer making the pick, but Attorney General Catherine Hanaway believed the decision belonged to the governor. 

Meanwhile, Republican State Sen. David Gregory is pushing a bill to strip this power from the city entirely. Gregory wants circuit court judges to appoint the sheriff instead. He says the sheriff’s main job is guarding courts and executing lawsuits. 

The goal to fill the seat follows the chaotic term of office for former Sheriff Alfred Montgomery. A court permanently removed Montgomery from office last December. Hanaway said Montgomery stepped outside his legal authority by unlawfully detaining people.  

Montgomery remains in federal custody, while prosecutors say the accused former sheriff tampered with witnesses and retaliated against them.