(1999)

Dear William D. Missouri

You have requested our opinion whether a State's Attorney who is appointed by a judge to prosecute a contempt proceeding must obtain the approval of the judge before dismissing, or entering a nolleprosequi of, the contempt charge.

We conclude that a State's Attorney designated to prosecute a contempt charge retains the usual prosecutorial discretion to dismiss, or enter anolle prosequi of, a criminal charge without special court approval. The exercise of that discretion is subject to the constitutional and statutory limitations enforced by the courts with respect to any…