State v. Lykins

Moylan, J., delivered the opinion of the Court. The office of State’s Attorney is independent, elective and constitutional. It is not part of the judicial branch of government but is established, along with the office of Attorney General, by Article V of the Maryland Constitution. It has been a constitutional office since 1851.

With respect to his conduct in office, the State’s Attorney is “subject to removal” for “incompetency, willful neglect of duty, or misdemeanor in office” either upon a “conviction in a Court of Law” or upon “a vote of two-thirds of the Senate, on the recommendation of the Attorney-General.” Maryland Constitution, Article V, Section 7. Beyond that, the State’s Attorney is answerable for his conduct in office to his electorate every four years. A healthy respect for the delicate balance of powers upon which our democratic institutions rest compels that we brook no lightly assumed interference by the judicial branch with the function of that independent branch of government and that we not arrogate unto our branch supervisory powers which the Constitution does not bestow. The legal context for the decision that follows was well articulated by Chief Judge Murphy in State v. Hunter, 10 Md. App. 300 , at 305: “.... [T]he office of State’s Attorney is not a branch of the judiciary, nor is it directly subject to its supervison.

See United States v. Shaw, 226 A.2d 366 (Dist. Ct. App. D.C.). Under the Constitution and laws of Maryland, the State’s Attorney is a constitutional officer elected by the people and entrusted by them with the prosecution of persons ⁴⁷⁴ accused of crime. The office is one of great dignity and commands great respect.” See also State v. Aquilla, 18 Md. App. 487, 493 .

Neal Myerberg took office as the newly elected State’s Attorney of St. Mary’s County in January, 1979. Before that, he had been in private practice in that county. On January 29, 1979, the grand jury indicted the appellee, Mitzi Jean Lykins, for assault with intent to murder one George Welch. On April 3,1979, the Circuit Court for St. Mary’s County granted the appellee’s motion to dismiss the indictment because of the fact that State’s Attorney Myerberg had once represented her in a civil matter.

The State has appealed that ruling. The testimony revealed that Mr. Myerberg met the appellee in