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STATE v. LYKINS

No. 235, September Term, 1979.

43 Md. App. 472 (1979)

406 A.2d 289

STATE OF MARYLAND v. MITZI JEAN LYKINS.

Court of Special Appeals of Maryland.

Decided October 9, 1979.

Attorney(s) appearing for the Case

William H. Kenety, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Neal Myerberg, State's Attorney for St. Mary's County, on the brief, for appellant.

George E. Burns, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee.

The cause was argued before MORTON, MOYLAN and MASON, JJ.

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...

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