Ensuring the independence of elected prosecutors is critical to democracy | Opinion

Gov. DeSantis last week suspended Andrew Warren, the elected state attorney for Hillsborough County. The governor said that Warren, along with almost 100 other elected prosecutors nationally, signed an open letter indicating he will not pursue charges against abortion providers or people seeking such types of healthcare.

As of July 1, abortion is illegal in Florida after 15 weeks. There currently are five lawsuits challenging the constitutionality of the law — largely because Florida has one of the strongest privacy protections in the state Constitution that explicitly protects healthcare decisions. Separately, Warren also signed onto a letter declining to prosecute providers of/people seeking gender care.

A Florida governor has the power to remove an elected official for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence or permanent inability to perform official duties. Elected officials do not work for the governor, which means this power should be used in only the most extreme circumstances. The premise for Warren’s removal was “neglect of duty” for stating he will not prosecute certain cases, along with other vague claims of dereliction of duty.

But there’s one huge problem: There has been not one case in Florida based on either of these charges. There’s no law forbidding gender-affirming therapies. Warren is being punished for speech, not something he actually did.

In looking at his actual job performance, his office prosecutes 80% of all felonies brought in by law enforcement, with a conviction rate of 74% — one of the highest in Florida. His office just helped to solve a cold-case murder — bringing a family closure and the correct people to justice after his Conviction Integrity Unit discovered the wrong person was serving life in prison for that crime.

Warren, along with Republican State Attorney in Duval/Clay County Melissa Nelson, were the first in Florida to release public-facing dashboards so that residents can see how justice is administered.

As a former homicide prosecutor who served the Miami Dade community for almost two decades, I find DeSantis’ actions incredibly disturbing. Every prosecutor’s office in the country has to prioritize crimes based on limited staff and resources. Prosecutors’ offices nationally are hemorrhaging attorneys and staff.

You literally cannot — and should not — prosecute every case that comes in the door. It’s unethical to file cases without sufficient evidence; so, too, if moving forward would have limited positive effect on — or worse, adversely affect — the community at large.

What’s more important to community health — focusing on a personal health decision or murder cases? Addressing violence in the community must be a priority because of its sweeping impact. In fact, the letter at issue says, in part, “Not all of us agree on a personal or moral level on the issue of abortion. But we stand together in our firm belief that prosecutors have a responsibility to refrain from using limited criminal legal system resources to criminalize personal medical decisions.”

The American Bar Association, which is the largest voluntary organization for attorneys, has standards that govern the work of a prosecutor. One critical aspect says: “The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances.”

The biggest voice getting lost in this discussion is that of Hillsborough County voters. They’ve elected Warren twice, in 2016 and 2020. If voters are displeased with an elected official, they can vote that person out in the next election or launch a recall effort. The governor’s actions set a dangerous precedent of disenfranchising voters and overruling the will of the people. It also causes a chilling effect — especially at a time when many prosecutors are being more transparent about their work.

This is bigger than just Andrew Warren. It’s about prosecutors’ independence to make the best decisions for their community, ensuring that voters’ will is respected and giving elected officials the ability to pursue their work without fear of political retaliation.

The battle here is at the heart of what democracy means. We should all be concerned.

Melba Pearson is a former homicide prosecutor in Miami-Dade County. She is co-chair of the American Bar Association Prosecution Function Committee and president of the National Black Prosecutors Association Foundation.