Warren's Request To Be Reinstated Is Denied By Florida Supreme Court

TAMPA, FL — The Florida Supreme Courts announced Thursday that it has ruled against deposed Hillsborough County State Attorney Andrew Warren in his bid to be reinstated to the job.

The Florida Supreme Court ruled 6-1 to deny Warren's petition "due to unreasonable delay."

The court said Warren waited nearly five months after federal Judge Robert Hinkle said he did not have the authority to reinstate Warren. That decision would have to be resolved by the Florida courts.

Nevertheless, Hinkle concluded that DeSantis violated the First Amendment of the U.S. Constitution, namely, Warren's right to free speech, by removing him from office for signing the joint letter from state attorneys. He also concluded that Warren's actions didn't meet the DeSantis' claims that Warren was incompetent and neglectful in his duties.

The Florida Supreme Court agreed that it is the "the proper vehicle to challenge the power and authority of a constitutional officer, such as the governor."

A writ of quo warranto is thus the proper vehicle to challenge whether the governor properly exercised the suspension power, said the state's high court.

However, "a petitioner who unreasonably delays filing a petition for writ of quo warranto may see that petition denied on that basis" of a delayed filing, added the Florida Supreme Court, which is now composed of a majority of DeSantis appointees.

“The petitioner waited nearly six months” to challenge the Judicial Nominating Committee's list of nominees to fill a judicial vacancy" which "precluded the grant of quo warranto relief. We conclude that this case involves unreasonable delay," said the Florida Supreme Court.

This decision came despite the fact that Warren filed reams of paperwork in both state and federal court after Gov. Ron DeSantis summarily suspended him without notice. DeSantis claimed that Warren, a Democrat, defied the Republican governor when he signed a joint letter by state attorneys around the country objecting to jailing doctors who perform abortions and women who obtain them.

Patch records show that, since the twice-elected Hillsborough state attorney's suspension without notice was announced by DeSantis during an Aug. 4 news conference, after which Warren was escorted from his office by armed deputies, Warren has filed at least 15 documents in federal and state court challenging his removal from office.

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

However, the Florida Supreme Court maintained there are circumstances in which the court can deny relief for “reasons other than the actual merits of the claim.”

In this case, the court is using an unreasonable delay by Warren filing a petition for writ of quo warranto to deny Warren's request.

"The petitioner waited nearly six months to challenge the JNC's list of nominees to fill a judicial vacancy," said the court, adding that Warren should have challenged the Judicial Nominating Committee within four months.

The court did concede hat Warren filed a writ of quo warranto challenging the reason for the suspension order but said Warren brought the claim to federal district court, which didn't have jurisdiction to consider the claim.

"Indeed, just a few weeks later, that court informed petitioner that his claim ... would have to be sought in state court," said the supreme court in Thursday's ruling.

The Florida Supreme Court implied that Warren intentionally "waited almost five more months before bringing that claim in state court" to ensure the Florida Senate would be immersed in the 2023 legislative session and wouldn't have time to review Warren's request for the Senate to review the validity of his suspension.

"Whether petitioner invoked this court as a backup plan as the governor argues, or whether petitioner had other reasons for the delay, we do not know. Petitioner is not saying. Petitioner’s only reply on this point is that he filed for relief in this court promptly following judgment in the district court and that no rule sets a time limit within which he was required to file his petition," said the court. "That is hardly persuasive."

The Florida Supreme Court did provide Warren with a possible next step.

"Petitioner’s unreasonable delay does not necessarily leave him without any potential remedy. Indeed, the remedy that remains available is the one expressly contemplated by the Florida Constitution," the court said.

The judges said the constitution gives the Senate judicial authority to examine and determine whether the governor correctly interpreted the reasons for Warren's suspension under the state constitution.