TAMPA, Fla. (WFLA) — The Florida Supreme Court ruled 6-1 against suspended Hillsborough County State Attorney Andrew Warren in his attempt to be reinstated.
The court denied Warren’s petition due to “unreasonable delay,” according to the order, which was issued Thursday.
The court said Warren waited nearly five months after a federal court dismissed his lawsuit on the grounds that the matter had to be resolved in state court before he filed a petition in state court.
“[Warren] offers no explanation for this delay,” the document reads. “We conclude that, under the circumstances of this case, the time for our review has passed.”
In a statement, Warren and his attorney wrote that they are disappointed by the ruling.
“This is an issue that is crucial for democracy in Florida,” Warren said. “Rather than addressing the substance of the governor’s illegal action, the Court cited a technicality and avoided a ruling on the merits of the case. We are extremely disappointed by today’s decision.”
“We are deeply disappointed that the Florida Supreme Court refused to evaluate the merits of Mr. Warren’s illegal suspension and instead ruled against him on procedural grounds,” Warren’s attorney, Jean-Jaques Cabou, said. “As to those grounds, we share Justice Labarga’s view that the majority was wrong to avoid the merits of Mr. Warren’s challenge.”
The suspension happened on Aug. 4 at a news conference in Hillsborough County. There, DeSantis said Warren had blanket policies not to prosecute certain crimes including abortion, transgender health care, and low-level misdemeanors.
“Andrew Warren has put himself publicly above the law,” DeSantis at the event.
But in a 59-page order, Judge Hinkle wrote, “The allegation was false.”
The judge said he found “in every case, by every prosecutor” discretion was used, and added that DeSantis broke federal law — namely the 1st Amendment of the U.S. Constitution.
The judge also found Warren was suspended, in part, for his stance on abortion, which is protected speech, but said Warren’s conduct didn’t rise to the level of incompetence or neglect, so DeSantis’ actions violated Florida’s constitution too.
However, the judge said he did not have the authority to reinstate him.
After the ruling, he made a direct appeal to DeSantis to give him his job back.
In the letter sent to the governor, Warren said the court gave the other party enough time to prove that he did something wrong or was unable to perform the duties of his job. He noted that the judge’s order “emphatically stated” he had, in fact, performed his duties “without a hint of misconduct,” and that his suspension had violated state law.
Five of the seven current members of the Florida Supreme Court were appointed by DeSantis.
