Ousted Hillsborough State Attorney Appeals To Courts For Reinstatement

TAMPA, FL ? Ousted Hillsborough County State Attorney Andrew Warren has filed a notice of appeal in his federal lawsuit against Gov. Ron DeSantis over DeSantis?s illegal suspension of Warren last August.

Tuesday's filing marks the next steps in Warren?s ongoing legal battle with the governor over free speech, prosecutorial discretion and the rights of voters to choose elected officials.

Warren said Tuesday's filing constitutes a formal notice of his intent to appeal the district court?s Jan. 20 decision. That decision by Judge Robert Hinkle in the Northern District of Florida found that DeSantis broke federal law by suspending Warren in retaliation for the Democratic state attorney's stance against the governor's actions to limit abortions and gender identity surgery for minors, which the judge found violated Warren?s First Amendment rights under the U.S. Constitution.

Hinkle also concluded that DeSantis violated the Florida Constitution because his motivation in suspending Warren was to bring down a reform prosecutor and replace him with a Republican state attorney, Susan Lopez.

The court, however, wrote that it lacked the authority to reinstate Warren and instead called on DeSantis to rescind the suspension ?if the facts matter.?

"Andrew Warren, of all people, should understand the distinction between legal dicta and the holding of a court?s decision," said the governor's press secretary, Bryan Griffin, in a statement to Patch. "The failures that motivated the suspension were Mr. Warren?s actual performance?not advocacy?as a reform prosecutor."

See related stories:

• 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

He said when Warren signed a letter written by state attorneys around the country declaring that they would not prosecute doctors who perform abortions or women who have abortions, "Mr. Warren signed a statement refusing to prosecute the laws of the land. Thus, the governor removed Mr. Warren for neglect of duty and incompetence. Public prosecutors cannot pick and choose which laws to enforce."

Griffin said it's the Florida Senate, not the courts, that is responsible for determining if Warren is guilty of neglect of duty and incompetence, something the Senate has so far declined to decide.

"In its lengthy opinion, the court attempted to usurp the Florida Senate?s constitutional authority to make a determination on Mr. Warren?s neglect of duty and incompetence," Griffin said. "It is the Florida Senate that is to rightly serve as the ultimate factfinder in this case."

He added that DeSantis does not agree with "the court?s dicta, which are merely opinions, and need not address them since the court ultimately determined it lacked jurisdiction and thus ruled in favor of the governor. Mr. Warren remains suspended from the office he failed to serve."

?The idea that the governor can get away with breaking federal and state law should offend anyone who believes in freedom ? free speech, free elections, and that no one is above the law,? Warren said. ?We?ve proven that DeSantis broke the law, and I?ll keep fighting until I?m back doing the work that the people elected me to do.?

Florida Rep. Fentrice Driskell, D-Tampa, the minority leader of the House, condemned DeSantis' response to Warren's appeal.

?I?m not going to mince words: this is a shocking political attack on an elected official serving the people of Hillsborough County," she said. "Andrew Warren is being removed because he assured our community that he will not be a foot soldier in Ron DeSantis? extremist agenda. As anti-abortion radicals try to move us closer to a full abortion ban, he said he wouldn?t prosecute women, or families with LGBTQ+ kids, by interfering with personal decision-making about their health care."

She said every county prosecutor has discretion in handling cases in their communities, and Warren should be treated no differently.

"Andrew Warren was operating fully within the appropriate discretion of his office, and if the people of Hillsborough County don?t like what he is doing, then we can make our voices heard at the ballot box," she said. "We did not need the governor coming down from Tallahassee to punish someone he considers a political enemy. This throws our criminal justice system in Hillsborough County into unnecessary chaos and confusion. This clearly isn?t about being a government of laws. It?s about being the Kingdom of Ron DeSantis, and no dissent is tolerated.?

Warren was twice elected to office by the voters of Hillsborough County.

The appeal will be heard by the United States Court of Appeals for the Eleventh Circuit, based in Atlanta.

Tuesday's notice of appeal is intended to inform the parties and court, but does not include the legal basis for why the appellate court should reinstate Warren. Warren said those arguments will be made in the legal brief to be filed according to a schedule determined by the Eleventh Circuit Court of Appeals.

Because of the ongoing litigation, at this time Warren and his legal team cannot provide further detail about the appeal.

Tuesday's federal filing does not prevent Warren from also seeking relief in state court.