As suspended prosecutors fight to regain their jobs, legal battle continues • Florida Phoenix

“For nearly six months, a single judge of this Court has refused to grant the mandate in a case that has been expedited at every stage – from discovery to appeal – and that will determine whether the votes of hundreds of thousands of Floridians actually count for anything,” wrote attorney David A. O’Neil, who is representing Warren.

“Every day that passes in this situation is a day that the results of a free and fair election are denied. This court should immediately issue the mandate so that the district court can resolve this litigation promptly.”

The name of the judge is not stated in the brief.

Warren is the twice-elected Democratic prosecutor who was suspended by DeSantis in August 2022 for alleged “dereliction of duty” and “incompetence” after he signed pledges not to prosecute alleged crimes related to abortion or transgender care. Warren challenged his suspension in federal court, where U.S. District Judge Robert Hinkle ruled that DeSantis violated the First Amendment when he removed Warren due to policy differences and expected “political benefits” for the governor – but said he did not have the authority to reinstate him.

However, a three-judge panel of the Eleventh Circuit Court ruled in January that Hinkle should reconsider that decision. But rather than send the case back to Hinkle, Gov. DeSantis’s lawyers requested a rehearing by a full panel of the appeals court. That has not happened yet, much to the dismay of Warren’s legal team.

“In this case, justice delayed is justice denied,” O’Neil writes in his brief. “This Court has already concluded that if Governor DeSantis had suspended Mr. Warren on the grounds stated, – his exercise of crucial political freedom of speech – then the suspension was illegal and invalid.

“The voters of Florida’s Thirteenth Judicial District have therefore been unlawfully deprived of the office of the man they elected as district attorney for more than 700 days. Mr. Warren still has time left in his term and should be allowed to finish it.”

Meanwhile, Warren is running for the Democratic nomination for district attorney in Hillsborough County, where he is being challenged in the primary by attorney Elizabeth Martinez Strauss. Warren has raised $241,325 in his push, while Martinez Strauss has raised $29,975.

The winner will face incumbent Republican Suzy Lopez, who was appointed by DeSantis to succeed Warren nearly two years ago and has raised $424,340 in the race.

Worrell’s case

Meanwhile, in the case of suspended Orange and Osceola District Attorney Monique Worrell, a lawsuit was refiled in federal court in Orlando late last month by two citizens and an activist group, arguing that their due process and First Amendment rights were violated when DeSantis suspended Worrell last August, effectively stripping her of her right to vote.

In August 2023, DeSantis suspended Worrell, claiming in an executive order that she had neglected her duty to diligently prosecute crimes in her jurisdiction.

The plaintiffs are David Caicedo and Rajib Chowdhury, Orlando residents who voted for Worrell in 2020, while Florida Rising is a progressive advocacy group that works on voter registration, education, engagement and voter protection programs.

Their lawsuit, which lists DeSantis as a defendant, alleges that when Worrell campaigned for district attorney in 2020, she ran on an ambitious platform promising criminal justice reform, garnering more than 66% of the vote. Caicedo and Chowdhury say her promised platform led them to vote for her, and that Caicedo was “inspired by Ms. Worrell’s commitment to the people” and supported her bail reform and parole policies. Chowdhury cast his vote for her because, he says, he was “inspired by her promise to find alternative ways to reduce recidivism in the juvenile justice system.”

The plaintiffs point out in the lawsuit that before Worrell’s suspension last summer, violent crime was down 10% compared to 2022 and shootings were down 30% compared to the previous year.

In May, U.S. District Judge Julie Sneed in the Middle District of Florida dismissed the lawsuit, agreeing with DeSantis’ lawyers’ claims that the defendants had not adequately shown they suffered harm and that Florida Rising did not have the legal standing to maintain its claims. The judge did, however, say the plaintiffs could file an amended complaint within 30 days, which they did on June 28.

In June, the Florida Supreme Court upheld DeSantis’ suspension of Worrell, concluding by a 6-1 vote that his decision was appropriate given the allegations he made when he was relieved of her duties.

Worrell has filed for re-election in the Ninth Judicial District, where she has raised $234,767 so far. She has no opponent in the Democratic Party primary and will therefore face the winner of the Republican primary, either Seth Hyman or Thomas Feiter, or incumbent Andrew Bain, who is running as an independent. Bain was appointed by DeSantis last August to replace Worrell.

Worrell’s team released the results of a new poll Thursday that shows her ahead of Bain, 40% to 28%, with 28% still undecided. The survey of 887 general election voters in Orange and Osceola counties was conducted by Change Research between June 10 and 17.