Florida Senate Halts Effort To Oust Hillsborough State Attorney

TAMPA, FL — Within 12 hours of outsted Hillsborough County State Attorney Andrew Warren filing a federal lawsuit to challenge his suspension as state attorney, the Florida Senate has temporarily halted its process to consider removing Warren.

Florida Senate President Wilton Simpson sent letters to Warren and all state senators, saying, “I have directed that any Senate proceedings regarding Executive Order of Suspension 22-176 be held in abeyance until a final determination in this pending litigation has been rendered.”

Without any warning, Gov. Ron DeSantis removed the twice-elected state attorney from office, saying Warren's suspension was "due to neglect of duty, incompetence and willful defiance of his duties as early as June 2021 when he signed a joint statement with other elected prosecutors in support of gender-transition treatments for children and bathroom usage based on gender identity."

The Florida Constitution outlines a process in which the governor can suspend an elected official for very specific and limited reasons, then the Florida Senate reviews the suspension and determines whether to remove or reinstate the official. Senate rules dictate that this process be placed on hold while any lawsuit challenging the suspension is ongoing.

See related stories:

• Lawsuit Filed Against DeSantis Over FL State Attorney's Ouster
• Ousted FL State Attorney Says He's Not Going Down Without A Fight

Attorneys for Warren filed suit Wednesday morning in the U. S. District Court for the Northern District of Florida. The case was assigned to Judge Robert Hinkle. Gov. DeSantis, through his attorneys, has acknowledged the lawsuit.

The lawsuit makes two central claims: that DeSantis violated Warren’s right to free speech under the U.S. Constitution and that the governor exceeded his authority as governor under Florida law. It asks the judge to order the governor to rescind his illegal order, restore Warren to office and prohibit DeSantis from taking similar illegal actions against Warren in the future.

“There is so much more at stake here than my job. Ron DeSantis is hoping to get away with overturning a fair election, throwing out the votes of hundreds of thousands of Floridians. By challenging this illegal abuse of power, we’re fighting to make sure no governor can toss out an election because he doesn’t like the winner," Warren said.

Immediately after suspending Warren, DeSantis appointed Hillsborough County Judge Susan Lopez to replace him and she was sworn into office the same day. Meanwhile, Warren was escorted from his office at the 13th Judicial Circuit Courthouse in downtown Tampa by an armed sheriff's deputy.

Warren has asked the judge for an injunction that would return him to his position while the lawsuit is ongoing.

In his memorandum to senators dated Aug. 17, Simpson told senators to keep their mouths shut regarding Warren's suspension.

"As I have said previously, given our constitutional role in this process, I believe senators should
refrain from speaking publicly about the merits or substance of any executive suspension," he said.