Nov. 29 Trial Set In Ousted State Attorney's Suit Against DeSantis

TAMPA, FL —Federal Judge Robert Hinkle has set a Nov. 29 trial date in the lawsuit filed by ousted Hillsborough County State Attorney Andrew Warren against Florida Gov. Ron DeSantis, asserting that he was illegally suspended from office.

In two written orders, Hinkle laid out deadlines for depositions and discovery in the case.

Initial disclosures in which the parties identify potential witnesses they believe have relevant information were due at midnight Monday.

Potential witnesses to be called by Warren include DeSantis, Chief of Staff James Uthmeier, then-Press Secretary Christina Pushaw, DeSantis' Public Safety Czar Larry Keefe, Florida Attorney General Ashley Moody and three Florida sheriffs who spoke at the Aug. 4 news conference in Tampa in which DeSantis announced Warren's suspension.

Emails, text messages, and other written records related to the case must be provided under the discovery process by Nov. 14. Some documents are expected on Oct. 10.

Which of the potential witnesses will be deposed under oath will be determined in the coming days. The initial disclosures are sent from one legal team to the other and are not public record, although Warren disclosed some of the witnesses he plans to call.

“We had requested a trial a month sooner, but the court’s schedule makes sure the governor’s office can respond to Hurricane Ian while also helping the court and the public get to the truth,” Warren said. “Providing documents and depositions will only take a few hours over the next several weeks, but it will have a huge impact on protecting democracy throughout our state and holding Ron DeSantis accountable for overturning the will of the voters.”

In his orders, the judge confirmed that this is a First Amendment case, with the trial determining whether DeSantis violated Warren’s right to free speech by suspending Warren for speaking out in support of abortion rights and transgender Floridians.

To defend his actions during a hearing two weeks ago, DeSantis’ legal team made two key assertions: that Warren has no First Amendment rights because he is DeSantis’ employee, and that Warren’s statements on abortion and transgender health care amounted to official actions.

Hinkle's orders dispute both claims.

He said Warren is not DeSantis’ employee.

See related stories:

• DeSantis Must Testify In Andrew Warren's Lawsuit Following Suspension
• Lawsuit Filed Against DeSantis Over FL State Attorney's Ouster
• Ousted FL State Attorney Says He's Not Going Down Without A Fight
• Florida Senate Halts Effort To Oust Hillsborough State Attorney
• Ousted Prosecutor's Lawsuit Against DeSantis To Move Quickly
• 183 Legal Scholars File Briefs Opposing Suspension Of State Attorney

“Under Florida’s system of government, a state attorney is an elected, constitutional officer. Although serving in the executive branch, a state attorney is not an employee of, or supervised by, the governor,” Hinkle said.

During a news conference in Tampa, DeSantis announced that he was suspending the twice-elected Democratic state attorney "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."

DeSantis immediately replaced Warren with Republican appointee, Hillsborough County Judge Susan Lopez, a former Hillsborough County assistant state attorney who was appointed county judge by DeSantis Dec. 2, 2021.

“Here, for example, the governor was not Mr. Warren’s boss and had no right to dictate how Mr. Warren did his job—whom he hired, what policies he adopted or any of the myriad other policy matters a state attorney must address. As the Florida Supreme Court has put it, ‘The power to remove is not analogous to the power to control,'" Hinkle said.

He went on to say that the governor failed to give examples of court cases in which Warren demonstrated incompetence or neglect of duty.

“This case arises from the Florida governor’s suspension of an elected state attorney ostensibly for announcing he would not prosecute cases of certain kinds," Hinkle wrote in his orders. "The governor has not identified a single case the state attorney failed to prosecute."

He added that Warren took no official action when he signed letters with fellow state attorneys protesting restrictions on abortion and gender-transition treatments for children.

“To take positions on matters of public concern was not an ‘official’ duty," Hinkle said.