TALLAHASSEE, Fla. — Former Hillsborough State Attorney Andrew Warren, who Gov. Ron DeSantis had suspended, will remain out of office since a federal judge on Friday ruled that he does not have the power to reinstate the prosecutor — despite ruling that the removal violated the First Amendment and Florida Constitution.
In an order dismissing the case, U.S. District Judge Robert Hinkle wrote that federal law prevents him from returning elected prosecutor Andrew Warren to office in a lawsuit that centered on state law.
DeSantis suspended Warren last year over the elected prosecutor’s signing of statements that said he would not pursue criminal charges against seekers or providers of abortion or gender transition treatments, as well as policies about not charging people with some minor crimes.
Warren — a twice-elected, Democratic state attorney in Hillsborough County, which includes Tampa — sued the governor in federal court to get his job back.
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Warren spoke for the first time after the ruling Friday afternoon, saying this is not over.
“The judge concluded that the Governor violated federal law and state law," said Warren. "He violated my First Amendment rights under the US Constitution by suspending me for speaking out on issues of public importance. He violated my First Amendment rights by suspending me because I’m a Democrat. He violated the Florida Constitution by suspending me not because I’d done anything wrong, but because my vision as State Attorney doesn’t fit with his political agenda.”
In testimony, Warren argued that he was suspended over his personal political positions on abortion and transgender issues. He said his office applied prosecutorial discretion over whether to bring charges in all cases, considering public safety and other matters.
Judge Hinkle's decision largely sides with Warren's arguments but finds that the case is effectively a state matter that cannot be resolved by a federal judge.
“Florida Governor Ron DeSantis suspended elected State Attorney Andrew H. Warren, ostensibly on the ground that Mr. Warren had blanket policies not to prosecute certain kinds of cases. The allegation was false," Hinkle wrote. “Mr. Warren’s well-established policy, followed in every case by every prosecutor in the office, was to exercise prosecutorial discretion at every stage of every case.”
He added: “But the Eleventh Amendment prohibits a federal court from awarding declaratory or injunctive relief of the kind at issue against a state official based only on a violation of state law.”
The Governor had accused Warren of incompetence and neglect of duty, arguing that the prosecutor was picking and choosing which laws to enforce, citing in his executive order the non-prosecution of crimes such as “trespassing at a business location, disorderly conduct, disorderly intoxication, and prostitution.”
The suspension positioned DeSantis, a potential 2024 GOP presidential candidate, at the forefront of a wave of Republican opposition to progressive prosecutors who exercise discretion over whether to charge people with what they deem to be low-level offenses.
Louis Virelli, a Professor of Law at Stetson University College of Law, weighed on the case. As for next steps, Virelli thinks Warren has a few choices.
“One is to appeal this decision to the next level of federal court, and the challenge there would be no, the First Amendment was DeSantis' primary violation. It was the most important thing he did wrong, and therefore, it should have been remedied by the federal courts. The other thing he can do is bring his Florida constitutional claim in state court because it was dismissed without prejudice.”
From Judge Hinkle's ruling:
"The Governor violated the First Amendment by considering Mr. Warren’s speech on matters of public concern—the four FJP policies save one sentence—as motivating factors in the decision to suspend him.
The Governor violated the First Amendment by considering Mr. Warren’s association with the Democratic Party and alleged association with Mr. Soros as motivating factors in the decision. But the Governor would have made the same decision anyway, even without considering these things. The First Amendment violations were not essential to the outcome and so do not entitle Mr. Warren to relief in this action.
The suspension also violated the Florida Constitution, and that violation did affect the outcome. But the Eleventh Amendment prohibits a federal court from awarding declaratory or injunctive relief of the kind at issue against a state official based only on a violation of state law."
Gov. DeSantis' office released the following statement after the ruling was announced.
"Today the judge upheld his decision to suspend Andrew Warren from office for neglect of duty and incompetence. Another win for Governor DeSantis and the people of Hillsborough County."
Susan Lopez, who was appointed as Acting State Attorney after Warren's suspension, released the following statement.
“We have reviewed the Order from Judge Hinkle and briefed our agency on this ruling. Each one of us, including myself, has been hard at work meeting this agency’s public safety mission and will continue to do so.”
Michael Adame, a staff attorney for Public Rights Project, an organization that supports state and local prosecutors to enforce human and civil rights and which has been working along Warren’s legal team on the case, also made a statement on Friday.
“Today, the court found what we’ve known all along: Ron Desantis violated the U.S. and Florida constitutions and abused his power when he fired Andrew Warren because of what Warren said and what he stood for – which represented the will of his constituents. Prosecutors cannot be removed from office for prioritizing and protecting the rights of the communities they serve. Voters twice elected Warren to use his prosecutorial discretion in representing them. Attacking local prosecutors for doing their job is the same as attacking the people who elected them.
The implications of this case go beyond just Florida. DeSantis’s decision to remove Warren is part of a troubling and growing trend of states seeking to override the will of the people to elect leaders who represent their values when it comes to civil rights, workers rights, and public safety. DeSantis and other state officials across the country are trying to make playing with our rights part of their standard playbook. We must continue to challenge anyone who abuses their power and prioritizes cheap political wins over addressing the needs of their communities.
DeSantis should not get away with breaking the law. Today’s decision has laid the groundwork for a state court to reinstate Warren and conclude that DeSantis abused his power and violated the Constitution. We stand ready to support Andrew Warren and his team in this fight.”
Read the full ruling below.
Warren Decision by ABC Action News
This is a developing story, more information will be added as it becomes available
