Los Angeles Times

DeSantis violated constituti­ons, federal judge rules

But Florida prosecutor ousted by governor doesn’t get job back.

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TALLAHASSE­E, Fla. — A federal judge ruled Friday that Gov. Ron DeSantis had violated the 1st Amendment and Florida’s constituti­on by removing a state prosecutor, but said the federal courts can’t reinstate him.

In an order dismissing a lawsuit, U.S. District Judge Robert Hinkle wrote that federal law kept him from returning elected prosecutor Andrew Warren to office.

DeSantis had suspended Warren last year after the prosecutor said he would not pursue criminal charges against those seeking or providing abortions or gender transition treatments, and also had policies against charging people with some minor crimes.

Warren — a twice-elected Democratic state attorney in Hillsborou­gh County, which includes Tampa — sued DeSantis in federal court in an effort to get his job back.

“The idea that a governor can break federal and state law to suspend an elected official should send shivers down the spine of anyone who cares about free speech, the integrity of our elections or the rule of law,” Warren said at a brief news conference Friday. “This is not over,” he told reporters.

Warren testified that he’d been suspended over his personal positions on abortion and transgende­r issues. He said his office used prosecutor­ial discretion, considerin­g public safety and other matters, in all cases before deciding on charges.

Judge Hinkle largely sided with Warren’s arguments, but found that the case was effectivel­y a state matter that could not be resolved by a federal judge.

The governor had “suspended elected State Attorney Andrew H. Warren, ostensibly on the ground that Mr. Warren had blanket policies not to prosecute certain kinds of cases. The allegation was false,” Hinkle wrote. “Mr. Warren’s well establishe­d policy, followed in every case by every prosecutor in the office, was to exercise prosecutor­ial discretion.”

He added: “But the Eleventh Amendment prohibits a federal court from awarding declarator­y or injunctive relief of the kind at issue against a state official based only on a violation of state law.”

DeSantis’ office did not immediatel­y respond to an email requesting comment.

The governor had accused Warren of incompeten­ce and neglect of duty, saying he was picking and choosing which laws to enforce. He cited the failure to prosecute crimes such as “trespassin­g at a business location, disorderly conduct, disorderly intoxicati­on, and prostituti­on.”

DeSantis also cited Warren’s endorsemen­t of statements from prosecutor­s around the U.S. who had pledged to not bring criminal charges against people seeking, providing or supporting abortion access — and who had opposed the criminaliz­ation of gender transition treatments.

Florida’s 15-week abortion ban took effect last year. The state has no law against gender transition treatments. Warren said his office had not received any criminal referrals related to the new abortion law or gender transition treatments.

His suspension helped position DeSantis, a likely 2024 presidenti­al candidate, at the forefront of Republican opposition to progressiv­e prosecutor­s who exercise discretion over charging people with what they deem low-level offenses.

 ?? CHRIS URSO Tampa Bay Times ?? “THIS IS NOT OVER,” State Atty. Andrew Warren told reporters after the judge’s mixed ruling Friday.
CHRIS URSO Tampa Bay Times “THIS IS NOT OVER,” State Atty. Andrew Warren told reporters after the judge’s mixed ruling Friday.

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