Ousted Hillsborough State Attorney Files To Open Campaign Account

TAMPA, FL —Despite the Florida Supreme Court ruling 6-1 in June against reinstating ousted Hillsborough County Attorney Andrew Warren, ending his legal case against Gov. Ron DeSantis, Warren has filed paperwork to open a campaign account for a possible bid for re-election in 2024.

Maya Brown, a longtime adviser for Andrew, said Warren filed the paperwork Monday, allowing him to stay in legal compliance with state law and keep multiple options on the table as he determines whether he'll launch an election campaign.

"With the national politics and statewide scrutiny the governor has injected into this race, we’re being very methodical to show we’re following the law," Brown said. "We have nothing to announce at this point; once Andrew arrives at a decision, we will definitely let everyone know."

If Warren, a Democrat elected twice by the voters of Hillsborough County to serve as county attorney, decides to run for the office from which he was summarily dismissed by DeSantis on Aug. 4, 2022, he will face the current Republican Hillsborough County attorney appointed to the office a year ago by DeSantis, Republican Susy Lopez. Lopez, a former assistant Hillsborough state attorney who was appointed circuit court judge by DeSantis in December 2021, has announced plans to run for the office. To date, she's never been elected to office.

Warren's widely publicized legal battle with DeSantis stems from the fact that he signed statements along with county attorneys throughout the country saying he would not prosecute women who had abortions or the doctors who performed them. Warren signed the statement prior to the Florida Legislature voting for a bill banning abortions after six weeks of gestation during the 2022 legislative sessions.

Warren also opposed a bill heralded by DeSantis to prevent minors from receiving gender reassignment treatments or surgery.

Without notice, DeSantis stripped Warren of his elected position, arguing that it is his legal right to remove someone from office who "neglects his duty" by publicly stating his intention not to prosecute those who violate these laws, if enacted.

What followed was a year-long court battle that culminated June 22 when the Florida Supreme Court ruled against Warren on procedural grounds rather than the merits of the legal argument. The Florida Supreme Court contended that Warren had waited too long to file his petition with the Florida Supreme Court for reinstatement.

Five of the seven members of the court were appointed by DeSantis.

“This is an issue that is crucial for democracy in Florida," Warren said after the court's ruling. "Rather than addressing the substance of the governor’s illegal action, the court cited a technicality and avoided a ruling on the merits of the case. We are extremely disappointed by today’s decision.”

“We are deeply disappointed that the Florida Supreme Court refused to evaluate the merits of Mr. Warren’s illegal suspension and instead ruled against him on procedural grounds. As to those grounds, we share Justice Labarga’s (the single dissenting member of the Florida Supreme Court) view that the majority was wrong to avoid the merits of Mr. Warren’s challenge.”

The Florida Supreme Court's decision not to hear the case on procedural grounds came after U.S. District Judge Robert Hinkle ruled that DeSantis violated Warren's First Amendment rights by suspending him and advised DeSantis to reinstate Warren's position.

“The record includes not a hint of misconduct by Mr. Warren,” Hinkle wrote in his decision.

However, Hinkle said he did not have the authority to reinstate Warren.

Related

• 3-Judge Panel Hears Ousted Hillsborough State Attorney's Appeal
  
• 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 then asked the federal 11th Circuit Court of Appeals to rule on whether the federal court could reinstate him to office. On May 2 in Montgomery, Alabama, a three-judge panel heard oral arguments from both legal teams on whether a federal court does have such authority where there are violations of both federal and state law. The panel has yet to publish its ruling.

In the meantime, Warren is keeping his options open. He still hopes the appeals court will reinstate him but hasn't discounted running against for election.

"I believe with every fiber in my being in fighting for my freedoms, our democracy, and rule of law, and that’s what this fight is about," Warren said. "From the beginning, we believe that the law is on our side and we hope that the (appeals) court sees it this way."

On Aug. 4, a year after DeSantis suspended Warren from office, he was awarded the Curtin-Maleng Minister of Justice Award from the American Bar Association Criminal Justice Section during the ABA annual meeting in Denver, Colorado.

The Curtin-Maleng Minister of Justice Award is presented to a prosecutor who embodies the principles laid out in the ABA Standards for Criminal Justice, Prosecution Function, particularly that “the duty of the prosecutor is to seek justice, not merely to convict.”

In honoring Warren, the ABA said, "Since taking office in January 2017, Warren has been tough on violent criminals, fraudsters and repeat offenders who threaten neighborhood safety. He has utilized innovative reforms and created successful diversion programs to hold low-level offenders accountable while steering them away from the downward spiral of the system, including civil citation programs for juveniles and adults.

"Warren has focused on treatment, prevention and rehabilitation for offenders with substance abuse and mental illness to reduce recidivism rather than further the revolving door of the criminal justice system. He has also minimized poverty traps that criminalize people because they are poor and has embraced data-driven approaches that improve safety, cut crime and save taxpayer dollars."

Lopez released a statement questioning the ABA's decision to give Warren the award.

"It must be nice for him to have so much free time, while we are busy cleaning up the messes he left," wrote Lopez.