Warren was first elected to the seat in a close 2016 race and won re-election more convincingly in 2020. But in 2022, Gov. Ron DeSantis suspended Warren for “neglect of duty” and “incompetence” after he signed pledges to not prosecute alleged crimes resulting from gender-affirming care and abortion access. In his suspension announcement, DeSantis appointed then-Judge Suzy Lopez as a replacement.
Before last month’s primary, Lopez told Creative Loafing Tampa Bay that she would “of course” vacate the office should Warren win the election in November.
“But I’m confident voters will make the choice to stop the revolving door Andrew Warren installed at the State Attorney's Office that allowed violent criminals back on the street,” Lopez added, “we have absolute trust and faith in the voters, the law and our systems of government.”
Warren said it was “bad enough” that Lopez would need to reassure voters that she would leave an office “she illegally inhabits.”
“It's even worse that she needs to lie to voters to distract from what everyone knows: crime was way down under my watch and is way up under hers,” he added.
But Warren may have to fight for more than just votes.
Following the suspension, Warren filed a federal lawsuit seeking reinstatement and alleging the governor’s action was in violation of his First Amendment rights. Last January, a three-judge panel for the U.S. 11th District Circuit Court acknowledged Warren’s First Amendment rights were violated. But Judge Kevin C. Newsom wrote in his concurring opinion, that this doesn’t completely protect Warren from the suspension.
"The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit. On remand, DeSantis must prove that unprotected activity, such as Warren's actual performance or his policies, motivated him to suspend Warren,” Newsom added.
Warren’s case for reinstatement remains stalled.
Dr. Ed Benton, a professor of political science and public administration at the University of South Florida, contends that the U.S. 11th District Circuit Court makes a “moot point.”
“They believe the rightness of Andrew Warren saying he was entitled to continue his position, but the court didn't want to be embarrassed,” Benton told CL, adding that the court might not have wanted to end up in a toe-to-toe with governor who would very well defy any order to reappoint Warren.
“It's like a bully the playground is standing up to, people who oppose him,” Benton added. '’Who's gonna make me? Who's gonna make me?'"
Warren’s race in Hillsborough County is not an isolated instance either. In Orlando, suspended state attorney Monique Worrell—removed from office in August 2023—faces Andrew Bain, her DeSantis-appointed replacement, and another opponent, in the fall election.
What’s more is that as Warren’s case stagnates, DeSantis has been vague when asked about the contest against Lopez. Last month, he echoed past statements and said, “I think that'll work itself out. I don't think that's going to be an issue."
What does that even mean?
In an email to CL, Tampa political consultant Anthony Pedicini, told CL, “The Lopez campaign takes the Governor’s response that ‘it will work itself out’ to mean Suzy Lopez will be re-elected as Hillsborough County’s State Attorney. We have every indication we are winning this race.”
He added that “any communication about any other outcomes have not occurred” between the campaign and DeSantis’ office.
But could the governor and his team be looking at previous rulings as a guide?
If so, one case could be State v. McDonald, a 1940s dispute where a Florida governor removed a city commissioner from office for drunkenness. While the reasoning for removal is not analogous to Warren’s suspension, the court in State v. McDonald found that reviewing the action of a governor to remove an officer from public office was out of its jurisdiction.
Benton reached back further into history and likened Warren v. DeSantis to a case that played out over two hundred years ago: Marbury v. Madison.
That 1803 case revolves around John Adams’ commissioning of William Marbury as Washington D.C.’s Justice of the Peace. The appointment happened after Adams was defeated by Thomas Jefferson in the 1800 presidential election, but would not be made official until the Secretary of State actually delivered commissions. Marbuy’s commission was not delivered. Marbury and three others in similar positions petitioned to force the delivery of the commissions, but Prof. Benton said Chief Justice John Marshall found himself “on the horns of dilemma,” with this case, in the same way the U.S. 11th District Circuit Court has with Warren v. DeSantis.
“In one instance, Marshall said that William Marbury was entitled to his appointment to a justice of the peace, but he didn't go so far as telling [President Thomas] Jefferson he had to give it to him. He said he had a right to it,” Benton said.
Is a right to an office enough to get a seat and hold it, or just enough to be a seat-warmer for the next appointment?
Speculating based on previous cases is one thing—since who knows what will happen in November and beyond—but, speaking on the facts, Benton believes that DeSantis has been a “bully” to Warren.
“I disagree with some of his policies, but, looking at it from a totally objective point of view, [Warren] did nothing that should have warranted him being removed from office,” he said.
DeSantis’ office has not yet responded to request for comment on this story, but we’ll update the post if it does.
The governor's role in Central Florida attorneys general races was in headlines again this week after an Orlando attorney Thomas Feiter—who lost in last month’s Republican primary for state attorney in Florida’s Ninth Judicial Circuit—announced plans to file a lawsuit claiming that the DeSantis administration interfered in the race.
Feiter alleges that DeSantis’ chief of staff James Uthmeier, as well as Orange County Republican Chair Erin Huntley and several other attorneys, met with him this summer to pressure him to drop out of his race for state attorney and pave the way for Bain to face Worrell one-on-one in November, reports the Florida Phoenix.
In the cover letter of his complaint to the Florida Bar, Feiter alleged that the governor will try to have Worrell legally disqualified and removed from the ballot, leaving Bain with no opposition.
“If that fails, they need Bain to come in second, so the governor can remove Ms. Worrell again and appoint the runner up. But that would only be possible if Bain comes in second in the general election—something that is far less likely if there is ANY Republican on the ballot,” Feiter’s letter adds. “Based on all the facts, it appears these attorneys are coordinating in fraudulent activity aimed at manipulating the outcome of the 2024 election for State Attorney.”
“This is why the community needs a prosecutor accountable to the people, not a puppet beholden to the Governor—to investigate any misconduct and protect our democracy from those who would attack it,” Warren told CL.
Last week, in a Twitter Spaces fundraiser that included Lopez as a speaker, one host said that the “conservative revival” needs to start with Lopez being elected.
“Remember she was appointed. She needs to be elected this time to do the full job, as opposed to allowing Warren to come and get fired again and then they pull her back up. Which is the most likely situation,” the host added in his comments.. “I'm just saying it's more than likely, the situation that's going to happen.”
On Twitter, now known as X, Warren called those comments disturbing. “These people don't believe in democracy or the rule of law. All they care about is clinging to power to promote their radical agenda,” Warren said.
And as his race heats up, Warren told CL that he continues to look ahead.
"I can't predict what the Governor will do,” he conceded. “But while he focuses on illegal political stunts, I'll do what I've always done: fight for our safety, our freedoms, and our democracy."
UPDATED 9/16/24 10:23 p.m. Corrected to show that Suzy Lopez stayed on the fundraiser call until the end.
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