DeSantis Action Not Reviewed Due To Delay: Democracy Loses
The Florida Supreme Court denied the petition of a removed elected State Attorney
On August 4, 2022, Governor Ron DeSantis issued Executive Order 22-176 suspending Petitioner Andrew H. Warren, the elected State Attorney for the Thirteenth Judicial Circuit of the State of Florida, on the grounds of “neglect of duty” and “incompetence.” More than six months later, Petitioner filed a petition in this Court arguing that the Governor lacked authority to issue the Executive Order and requesting the issuance of a writ of quo warranto directed to the Governor and alternatively seeking a writ of mandamus commanding the Governor to reinstate him. After the filing of the petition, our Court sought briefing from the parties, which concluded on May 4, 2023. We agree with the Governor that the petition should be denied on the ground of unreasonable delay.
The court majority concluded that the delay was the result of a federal court challenge that was “wholly without jurisdiction to consider the claim.”
LABARGA, J., dissenting.
Andrew Warren was first elected in November 2016 and assumed the office of State Attorney for the Thirteenth Judicial Circuit of Florida in January 2017. In the 2016 general election, he defeated the incumbent by a margin of less than one percent of the vote. Four years later, in the 2020 general election, he was reelected by a margin of more than six percentage points. Before this Court then, is the issue of the suspension of a twice-elected prosecutor who was convincingly reelected to represent the interests of more than one million Floridians in the Thirteenth Judicial Circuit.
At the time of Warren’s suspension in August 2022, he was eighteen months into his second four-year term. Even today, he still has roughly the same amount of time left in his term. Despite this amount of time remaining on the clock, this Court has denied Warren’s petition on the grounds of untimeliness.
Given that this case involves the suspension of a then-sitting elected official—for whom a substantial portion of the term yet remains—I am unpersuaded by the majority’s conclusion that Warren’s petition is properly denied on the ground of unreasonable delay.
I respectfully dissent.
(Mike Frisch)