Ousted Prosecutor's Lawsuit Against DeSantis To Move Quickly

TAMPA, FL — Dates and deadlines in the lawsuit filed by ousted Hillsborough County State Attorney Andrew Warren against Gov. Ron DeSantis have been set by the federal court.

In a scheduled order signed by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida Thursday, an expedited process was approved to complete all paperwork and hearings in the case by Sept. 20, with a ruling expected soon after.

Under the order, DeSantis' attorney has until Sept. 2 to file a response to the lawsuit, and then Warren's attorney has until Sept. 9 to file a reply to DeSantis' response.

Oral arguments are set to take place before the judge Sept. 19 or 20.

In his lawsuit, Warren contends DeSantis violated his First Amendment right of free speech and exceeded his authority under Florida law by removing him from office.

The lawsuit asks the judge to compel DeSantis to rescind his order suspending Warren and restore Warren to office.

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
• Florida Senate Halts Effort To Oust Hillsborough State Attorney

Without any warning, on Aug. 4, 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."

Warren said he was immediately escorted out of the state attorney's office in downtown Tampa by an armed sheriff's deputy, and DeSantis-appointed Hillsborough County Judge Susan Lopez was sworn in as his replacement.

Shortly after, employees hired by Warren were let go and the state attorney's website was redesigned, removing all reference to Warren. The following Monday, Lopez announced she was reversing decisions made by Warren.

In announcing Warren's suspension from office, DeSantis said "state attorneys have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on his personal agenda. It is my duty to hold Florida’s elected officials to the highest standards for the people of Florida.”

DeSantis said the Florida Constitution gives him the authority to suspend state officials for "misfeasance, malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties or commission of a felony."

Warren, however, said he wasn't suspended for any of those reasons.

Instead, he said he was "illegally removed" from office by DeSantis for expressing opposing political views on topics including abortion and LGBTQ rights.

“In our country, there are protections for freedoms and limits on power," Warren said. "Ron DeSantis may not like them. He may not respect them. But he does have to follow them,” said Warren.

Warren, who was first elected in 2016 and re-elected in 2020, said a governor can't remove an elected official from office for simply expressing his views on issues.

Calling the governor's actions an "abuse of power," Warren said he's never been accused of wrongdoing, neglecting his duties, getting drunk on the job or committing a felony, the only legitimate reasons under the state constitution for removing an elected official.

On the contrary, he said the crime rate in Hillsborough County has gone down 30 percent since he took office.

"We have fought for public safety, fairness and justice," he said. "We've aggressively prosecuted murderers, rapists and any criminal who keeps parents like me awake at night. I was elected because the people of this county share my vision for criminal justice, trust my judgment and have seen our success.

"I swore to uphold the constitution, and that's exactly what I've done," Warren said.

Within 12 hours after Warren filed a federal lawsuit challenging his suspension as state attorney, the Florida Senate halted the process to consider removing Warren.

“I have directed that any Senate proceedings regarding Executive Order of Suspension 22-176 (DeSantis' order suspending Warren) be held in abeyance until a final determination in this pending litigation has been rendered," Florida Senate President Wilton Simpson said.

DeSantis has declined to make any comment on Warren's suspension since the lawsuit against him was filed.

In the meantime, Warren has established a legal defense fund to pay for his fight to be returned to office.

“I didn’t exactly have a piggy bank sitting on my dresser labeled, ‘In case Ron DeSantis illegally suspends me,'" Warren said. "Everyone knows legal representation costs money, and winning this case is about so much more than my job—it’s about democracy, making it clear that no governor can simply overturn an election because he doesn’t agree with who won.”

Contributions to the Andrew Warren Legal Fund can only be used for expenses directly connected with Warren’s legal case and are not tax-deductible. Under Florida law, contributions above $100 will be reported on Warren’s quarterly gift disclosure form.