trial court departed from the essential requirements of law, we grant the petition and quash the order.
Lloyd Boyd Wolfe was charged by information with manslaughter by driving under the influence of alcoholic beverages, resulting in an accident in which two boys were killed. Meggs' nephew, who was a passenger in the car that Wolfe allegedly struck, survived the accident. As the accident occurred within the Second Judicial Circuit, it was Meggs' responsibility to determine whether charges would be brought and to prosecute any person charged. A grand jury was constituted by Meggs for the purpose of eliciting it's advice as to whether, in view of the involvement of Meggs' nephew in the accident, Meggs should participate in Wolfe's prosecution. Meggs appeared in his capacity as State Attorney andalso as a witness. The grand jury recommended that Meggs remain in the case, and it further issued an indictment against Wolfe for second degree murder.
Wolfe subsequently moved to have Meggs disqualified and also moved to have the indictment dismissed. Following a hearing on these motions, Judge McClure disqualified the entire State Attorney's office, finding that the appearance of Meggs before the grand jury resulted in actual prejudice to Wolfe. Further, because Meggs is in a supervisory position, the judge disqualified the entire office to avoid the appearance of impropriety.
After being informed of the disqualification of Meggs and his entire staff, the Governor assigned the State Attorney for the Fourteenth Judicial Circuit to prosecute Wolfe. Judge McClure also appointed a successor to Meggs, but apparently withdrew that appointment