Elected state attorney ousted by DeSantis asks court to reinstate her

TALLAHASSEE – An attorney for an elected Democratic prosecutor in Central Florida, removed by Gov. Ron DeSantis for what he called her “political agenda,” argued Wednesday before the state Supreme Court that justices should reinstate Monique Worrell to her position.

DeSantis has turned Worrell’s ouster in August, coming a year after he similarly suspended Democratic Hillsborough County State Attorney Andrew Warren, into a major part of his now-underdog campaign for the Republican presidential nomination.

DeSantis has promoted his actions as proof of his tough approach to law and order.

In a recent debate, the governor pledged that, if elected to the White House, he would go after “left-wing, Soros-funded prosecutors,” linking Warren and Worrell, without evidence, to George Soros, the billionaire Democratic investor and frequent target of conservative and antisemitic tropes.

Warren and Worrell were both suspended after records showed DeSantis directed staff to search for prosecutors who could be portrayed as going easy on criminals.

Warren is still appealing his suspension in federal court. Worrell, who was the state’s lone Black elected state attorney, said outside the court following arguments Wednesday that much was riding on her case.

Presidential campaign was motive, Worrell says

She also focused on DeSantis.

“If you are running for president, you will do things, you will enact certain laws, you will appoint certain individuals in furthering of your presidential campaign, even if it directly conflicts with your duty to protect and serve the people of this state,” Worrell said.

In court, Laura Ferguson, attorney for Worrell, argued that DeSantis had no legitimate grounds for issuing an executive order removing her as state attorney for Orange and Osceola counties.

“The order does not allege any conduct by Ms. Worrell that even if proven at a Senate trial would constitute neglect of duty or incompetence,” Ferguson told justices.

“State attorneys are constitutional officers ... invested with substantial independence and discretion and subject to limited supervision even by the state attorney general,” she added. “They are accountable to the voters. And because they’re elected and not appointed, they do not serve at the discretion of the governor.”

But Jeffrey DeSousa, chief deputy solicitor general, defended DeSantis, even as he argued that the Florida Senate – not the Supreme Court – is where Worrell should appeal her removal. DeSousa urged justices to dismiss her case.

Governor 'properly suspended' attorney says

“The governor properly suspended Ms. Worrell from office because the practices and policies she adopted as state attorney had contravened the legislative policies and simultaneously resulted in the gross underperformance of her office, relative to all other state attorneys,” DeSousa said.

DeSantis in his order said Worrell had discouraged attorneys in her office from seeking minimum mandatory sentences for offenders accused of gun crimes and drug trafficking, while also letting juveniles avoid serious charges and prison time.

Ferguson, though, said DeSantis offered nothing to back up his allegations.

“Her duty as a prosecutor is to exercise her duty within the bounds of the law and to look at each case on an individual basis,” she said.

DeSantis lawyer: Too many 'down-charged' cases

DeSousa, however, argued that Worrell had “down-charged” cases, which could be viewed as violating the intent of the governor and state Legislature. The 9^th Judicial Circuit where she served as state attorney also failed to send offenders to prison at a rate near the levels of other circuits, DeSousa said.

“It really is an abysmal record and if we had nothing else, if there was nothing specific that she was doing and was just ineffective at prosecuting crime, we think that would be enough,” DeSousa told the court.

Five of Florida’s seven justices have been appointed by DeSantis. But one of those who preceded the governor to the court, Justice Jorge Labarga, challenged DeSousa. Labarga, who earlier served as both an assistant public defender and prosecutor, said state attorneys must have the authority to weigh what criminal charges to bring, based on evidence, witnesses and other factors.

“What we are doing here today is placing a chilling effect on prosecutors in making a decision,” Labarga said. He added that prosecutors will be left to question, “let me take something ... send this guy for two or three years in prison, at least get that out of it.

“Or ‘I better go ahead and just take it to trial and fly the airplane against the mountain. Because if I don’t do that, the governor’s going to fire me,’ ” he added.

Labarga: Prosecutors now better call governor

Labarga said prosecutors would “have to call the governor or the governor’s general counsel or whoever and say ‘Look, this is what I need to do here. Is that OK with you, governor?’”

DeSousa replied, “Of course not.” But he again argued that the Florida Senate is where the review of the suspension should take place.

Justice Charles Canady seemed to say as much as he jousted, at one point, with Ferguson. The governor's executive order "makes assertions" about Worrell's performance, he said.

"It makes allegations," Canady said. "It doesn't have to prove (them). We know that's what the trial in the Senate's for ... But that's not for us to figure out. We don't make factual determinations."

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Senate President Kathleen Passidomo, R-Naples, wrote in a memo to senators this fall that the chamber would not consider next steps in Worrell’s case until the final determination of her court challenge and any subsequent appeal.

Worrell said she plans on running for re-election next year. She has been replaced by former Orange County judge Andrew Bain, who DeSantis appointed.

Warren was removed after joining with more than 80 prosecutors around the country signing a pledge that they would not prosecute people who seek or provide abortions or transgender health care.

Warren who is also considering running again for his old job, had fought back with a federal lawsuit, challenging his removal. U.S. District Judge Robert Hinkle in January ruled his suspension violated the Florida Constitution and U.S. Constitution, but that he was powerless to reinstate him.

Warren is appealing that portion of Hinkle’s ruling. As is their custom, the justices did not say when they will release an opinion in Worrell's case.

John Kennedy is a reporter in the USA TODAY Network’s Florida Capital Bureau. He can be reached at jkennedy2@gannett.com. Follow him on X at @JKennedyReport.

This article originally appeared on Tallahassee Democrat: Democratic prosecutor suspended by DeSantis asks court to put her back