Governor DeSantis Suspends State Attorney Warren
On August 4, 2022, Florida Governor Ron DeSantis issued an executive order suspending Hillsborough County State Attorney Andrew Warren, accusing him of 'neglect of duty' and 'incompetence.' The suspension centered on Warren's public pledges, including signing letters indicating he would not enforce potential or existing state laws restricting abortion access or prohibiting gender-affirming care for minors. Governor DeSantis asserted these pledges constituted a dereliction of duty and violated Warren's oath to uphold Florida law.
Basis for Suspension: Policy Pledges and Non-Prosecution
The Governor's executive order specifically cited Warren's signing of joint statements with other prosecutors nationwide. These statements included vows not to prosecute cases related to abortion or gender-affirming care. DeSantis contended that prosecutors cannot selectively enforce laws based on personal disagreement.
"State Attorneys have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on their personal agenda."
DeSantis also pointed to Warren's established policies of not prosecuting certain misdemeanor offenses, such as disorderly conduct or resisting arrest without violence in some contexts, arguing these policies demonstrated a broader pattern of refusing to enforce the law, thereby compromising public safety.
Warren's Rebuttal and Legal Challenge
Warren vehemently rejected DeSantis's characterization, calling the suspension an illegal, politically motivated stunt aimed at overriding the will of Hillsborough County voters. He maintained that his policy decisions represented valid exercises of prosecutorial discretion, prioritizing serious crimes and managing limited resources effectively. Warren subsequently filed a lawsuit challenging the suspension, arguing it violated his First Amendment rights and exceeded the Governor's constitutional authority.
Impact and Appointment of Successor
Following the suspension, Governor DeSantis appointed Hillsborough County Judge Susan Lopez as Acting State Attorney. The sudden change created operational uncertainty within the prosecutor's office and raised questions about the status of cases and policies initiated under Warren. The ensuing legal battle further prolonged this period of transition.
Constitutional Questions at Stake
The suspension brought critical legal and constitutional issues to the forefront: What are the precise limits of a governor's power to suspend locally elected officials? How broad is the scope of prosecutorial discretion, particularly regarding public statements on controversial laws? Legal experts offered divergent opinions, debating whether Warren's pledges constituted actionable 'neglect of duty' or were protected expressions within the bounds of his role.
Further Information
- Executive Order 22-176 (Suspension of Andrew Warren)
- Statements and press releases from Governor DeSantis's Office
- Statements and legal filings from Andrew Warren
- Florida Constitution, Article IV, Section 7 (Suspensions; filling office during suspensions)