Judge Says DeSantis Illegally Suspended Hillsborough State Attorney

TAMPA, FL — A federal judge ruled Friday that Gov. Ron DeSantis violated both the Florida Constitution and the First Amendment when he suspended Hillsborough County State Attorney Andrew Warren from office.

With no prior notice to Warren, DeSantis suspended the twice-elected Democratic state attorney for Hillsborough County on Aug. 4, promptly swearing in his judicial appointee, Susan Lopez, to replace Warren.

DeSantis stated in an executive order of suspension that he was removing Warren from office "due to neglect of duty, incompetence and willful defiance of his duties as early as June 2021 when he signed a joint statement with other elected prosecutors in support of gender-transition treatments for children and bathroom usage based on gender identity."

Although no law had been passed making gender-transition treatments for children illegal, DeSantis maintained that Warren had failed to perform his lawful duties in stating he opposed banning gender-transition treatments."

DeSantis similarly took umbrage with Warren for joining other state attorneys in signing a pledge not to prosecute doctors and women who violated the state’s 15-week ban.

In response to being summarily ousted, Warren filed a lawsuit against DeSantis on Aug. 17, maintaining that DeSantis had no legal authority under the Florida Constitution to remove an elected official from office based on the reasons DeSantis gave.

He also claimed DeSantis violated his First Amendment rights by sanctioning him based on opinions that ran contrary to DeSantis' political agenda.

During a news conference Friday afternoon, Warren said he felt vindicated after the federal judge Robert Hinkle's decision was announced, although the judge said he didn't have the authority to grant Warren's request to resume his position as state attorney.

"The trial was a search for the truth, and over the past five months, the truth has come out," Warren said. "The truth is that Gov. DeSantis abused his power and suspended me not in the pursuit of justice but in the pursuit of politics. The truth is that this suspension was never about the job that I did. As the judge wrote, quote, 'The actual facts, whether Mr. Warren actually had any blanket non-prosecution policies, did not matter.’"

Related:

• 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 said his suspension was little more than a "political stunt, a cheap trick to add one more misleading line to the governor’s stump speech."

At the time he suspended Warren, DeSantis was running for re-election to the governor's office and had been making national appearances around the country in an apparent bid for the presidency in 2024, although DeSantis has yet to confirm a run for the White House.

"The truth is, for the past six years I’ve been a pragmatic, forward-looking state attorney, both tough and smart on crime, representing my own vision of criminal justice and the purple county that I so proudly serve," Warren said. "But DeSantis and his enablers didn’t care about the truth. They didn’t care about our office’s success. They didn’t care about the safety of our community, and they didn’t care about the will of the voters. They cared about scoring political points through a political stunt. Period."

Patch has reached out to the governor's office for a response to Warren's accusations.

Warren's claim that his suspension from office was illegal received the support of 183 legal scholars from around the country who filed briefs with Hinkle supporting Warren's lawsuit.

"From the day I was suspended, I’ve said that the suspension was illegal. And although a judge said he couldn’t put me back into the office to which I was twice elected, a federal judge confirmed that the suspension was illegal," Warren said.

"The judge concluded that the governor violated federal law and state law. He violated my First Amendment rights under the U.S. Constitution by suspending me for speaking out on issues of public importance. He violated my First Amendment rights by suspending me because I am a Democrat," Warren said.

"He violated the Florida Constitution by suspending me not because I had done anything wrong but because my vision as state attorney doesn’t fit with his political agenda," Warren said. "As the judge wrote, and I quote, 'The record includes not a hint of misconduct by Mr. Warren. The assertion that Mr. Warren neglected his duty or was incompetent is incorrect. This factual issue is not close.'’’

Warren said Hinkle's decision has implications far beyond Warren's personal status.

"The idea that a governor can break federal and state law to suspend an elected official should send shivers down the spine of anyone who cares about free speech, the integrity of our elections or the rule of law, three core principles on which our democracy is built," Warren said.

While Hinkle said he doesn't have the authority to reinstate Warren as the Hillsborough County state attorney, he added, "If the facts matter, the governor can simply rescind the suspension.’’

DeSantis has not commented on the judge's decision or whether he will reinstate Warren.