3-Judge Panel Hears Ousted Hillsborough State Attorney's Appeal

MONTGOMERY, AL — After a federal judge ruled earlier this year that Gov. Ron DeSantis’ suspension of State Attorney Andrew Warren was illegal, Warren and his legal team will seek his reinstatement in federal appeals court Tuesday at 2 p.m. (Watch the live-streamed oral arguments here.)

A three-judge panel will hear ousted Hillsborough County State Attorney Warren’s appeal to get his job back after being suspended by Gov. Ron DeSantis.

The appellate judges are based in Montgomery, Alabama, and serve as part of the Eleventh Circuit Court of Appeals, which has its headquarters in Atlanta, Georgia. Warren will attend the hearing in person.

Warren's legal team has filed its final brief with the federal appeals court, explaining that Warren should be reinstated to his twice-elected position following the trial court’s determination that Gov. Ron DeSantis broke both state and federal law by suspending him.

Related:

• Ousted Hillsborough State Attorney Takes Case To FL Supreme Court
• Ousted Hillsborough State Attorney Appeals To Courts For Reinstatement
• Andrew Warren Asks Gov. DeSantis To Reinstate Him As State Attorney
• Judge Says DeSantis Illegally Suspended Hillsborough State Attorney
• DeSantis Seeks To Avoid Giving Deposition In Andrew Warren Lawsuit
• DeSantis Must Testify In Andrew Warren's Lawsuit Following Suspension
• Nov. 29 Trial Set In Ousted State Attorney's Suit Against DeSantis
• Lawsuit Filed Against DeSantis Over FL State Attorney's Ouster
• 183 Legal Scholars File Briefs Opposing Suspension Of State Attorney

Warren’s court filing is the final brief from either party before Tuesday's in-person argument before the Eleventh Circuit Court of Appeals.

Warren’s latest brief lays out how he is legally entitled to reinstatement based on the findings of the federal court in Tallahassee. The court found DeSantis violated the U.S. Constitution’s First Amendment and the Florida Constitution by suspending Warren to take down a “reform prosecutor” and to score a “political benefit” from doing so. The brief explains that the Tallahassee court mistakenly concluded that it lacked the authority to reinstate Warren given those findings and that the governor’s arguments against reinstatement are legally and factually wrong.

Highlights of the brief include:

• “The Governor cannot defend these rulings on the actual record, so he attempts to write a different one. Just as he misrepresented Mr. Warren’s policies to create the pretext for suspension, the Governor misstates what happened in the District Court to justify the suspension on appeal. He ‘[chooses] to ignore’ critical parts of the District Court opinion, makes ‘untrue statement[s]’ about others, and even distorts his own arguments where they do not ‘fit the narrative’ he now seeks to advance.”

• “In the Governor’s view, an elected official has no right to tell her constituents—and voters have no right to hear—what the official believes about the issues and policies for which she is responsible. As far as the First Amendment goes, the Governor may undo elections and remove incumbents solely because he disagrees with the viewpoints they express. He may remove any state attorney purely because she is not a member of his political party.”

• “In the Governor’s view … federal courts are powerless to do anything about [violations of the First Amendment]. Whatever else the Governor’s worldview describes, it does not reflect the law in this circuit or this country.”

DeSantis suspended Warren on Aug. 4. In January, following a three-day trial in November, federal Judge Robert Hinkle ruled that DeSantis violated both the Florida and U.S. Constitutions by suspending Warren for politically motivated reasons and for publicity.

“The record includes not a hint of misconduct by Mr. Warren,” Hinkle wrote. However, Judge Hinkle stated he did not have the authority to reinstate Warren.

Warren’s appeal focuses on whether a federal court does have such authority where there are violations of both federal and state law, and in March the appellate court ordered the appeal to be heard on an expedited schedule.

Warren is also petitioning the Florida Supreme Court for reinstatement through a separate lawsuit.