DeSantis to fight ruling in favor of prosecutor
Governor’s lawyers want full federal appeals court to hear case against suspended Warren
TALLAHASSEE — Gov. Ron DeSantis plans to ask a full federal appeals court to take up a battle about his suspension of Hillsborough State Attorney Andrew Warren, after a panel of the court backed Warren on key issues.
Lawyers for DeSantis filed a document late Wednesday at the 11th U.S. Circuit Court of Appeals that made clear they will seek a hearing before the full court. The document was filed to oppose a motion by Warren’s attorneys aimed at speeding up the case.
The three-judge panel of the Atlanta-based court this month overturned a decision by U.S. District Judge Robert Hinkle that allowed Warren’s suspension to stand. The panel’s ruling said the suspension violated First Amendment protections and ordered Hinkle to look again at whether DeSantis had legitimate policy grounds to oust the twice-elected prosecutor.
Lawyers for DeSantis appeared to suggest the dispute eventually could go to the U.S. Supreme Court. After issuing the suspension in August 2022, DeSantis replaced Warren with Susan Lopez, a former county court judge.
In last week’s motion to expedite the mandate, however, Warren’s attorneys wrote that “time is of the essence.”
“As a result of Governor DeSantis’ illegal suspension of Mr. Warren, the voters of Hillsborough County have been deprived of the official whom they selected as state attorney,” the motion said. “An election involving millions of Floridians has been nullified. Mr. Warren, meanwhile, has been unable to serve in his post.
“One year remains in Mr. Warren’s term, and it should not be consumed by unnecessary delays in legal proceedings.”
In suspending Warren, DeSantis accused the Democrat of “incompetence and willful defiance of his duties.” DeSantis’ executive order, in part, pointed to Warren signing a national organization’s statement about refraining from prosecuting abortion cases.
The governor also targeted Warren for signing a statement that criticized laws restricting care for transgender people.