Will Andrew Warren return to office? Ousted Hillsborough state attorney scores win in fight to get reinstated
TAMPA, Fla. - Former Hillsborough County State Attorney Andrew Warren scored a win in the fight to get his job back, after he was ousted from office by Florida Governor Ron DeSantis in August 2022.
An appeals court found Warren’s statements were protected by the First Amendment, and a lower court has the authority to reinstate him.
It’s a win for Warren, but will he want his job back? He maintains that he won’t run for reelection, despite this decision, which seems to indicate, legally, that DeSantis may have overstepped.
Warren was elected by Hillsborough County voters in 2016, and again in 2020, with 53 percent of the vote.
In August 2022, Governor Ron DeSantis suspended Warren and made the announcement during a press conference in which he was surrounded by Bay Area sheriffs.
Full press conference: Florida Gov. DeSantis announces suspension of Hillsborough State Attorney Andrew Warren
Florida Gov. Ron DeSantis and Attorney General Ashley Moody announced the suspension of Hillsborough State Attorney Andrew Warren, effective immediately, for refusing to enforce Florida law.
"The prosecutor, State Attorney Andrew Warren has put himself publicly above the law…the role of the state attorney is to apply the law and enforce the law, not pick and choose which laws you like and which laws you don’t like," DeSantis stated.
In a 59-page ruling released Wednesday, a federal appeals court has now said DeSantis’ reasons for the ousting might be an overreach and is sending the decision back to a federal judge.
DeSantis named three reasons for firing Warren, including Warren’s promise not to prosecute women or providers who violate the state's abortion ban, his promise not to prosecute those who provide gender reassignment surgery for minors, and his general policy of not prosecuting those accused of low-level first-time offenses.
File image of Andrew Warren.
A Stetson law professor says those reasons for the suspension have been deemed unconstitutional.
"For DeSantis to make his decision to suspend an elected official on the grounds even he gave I think are woefully inadequate and can only be explained by political motivation," said Stetson law professor Louis Virelli.
On Wednesday, Warren issued a statement following the decision:
Virelli says there is no telling how long a final decision by a federal judge will take, which is where this decision on Warren’s suspension goes next. Warren maintains he will not run again.
For now, the appointed Hillsborough County State Attorney Suzy Lopez is running unopposed.