Lawmakers and former justices rally behind suspended prosecutor Monique Worrell

TALLAHASSEE, Fla. – A group of current and former Democratic lawmakers, as well as former Florida Supreme Court justices, have come together to support the bid of suspended Orlando-area State Attorney Monique Worrell to reclaim her position. In two friend-of-the-court briefs filed on Monday, these individuals are urging the state Supreme Court to find that Governor Ron DeSantis overstepped his authority by suspending Worrell and to order her immediate reinstatement.

The first brief, filed by 121 current and former officials from across the country, includes notable names such as former Florida Justices Harry Lee Anstead, Rosemary Barkett, Barbara Pariente, James E.C. Perry, and Peggy Quince. This brief argues that sanctioning the undemocratic suspension of a duly elected prosecutor opens the door to the potential future removal of local leaders based solely on the political whims of state leaders. It goes on to state that Governor DeSantis’s suspension order is not only lawfully and constitutionally deficient, but it also endangers and destabilizes the administration of justice in Florida, with the potential for adverse effects in other parts of the country.

The second brief is filed by current and former Florida elected officials, including ten current Democratic state House members and four former members. This brief emphasizes the importance of using the governor’s suspension power sparingly and only in cases involving substantial misconduct by an official. It argues that an unchecked abuse of this power interferes with the performance of duties by state officials and creates a climate of fear among those who are not politically aligned with the governor. This fear could lead officials to hesitate in taking positions that are in the best interest of their constituents.

These briefs come in response to Worrell’s petition to the Supreme Court on September 6, challenging her suspension as state attorney in the 9th Judicial Circuit, which comprises Orange and Osceola counties. Governor DeSantis suspended Worrell, a Democrat who was elected in 2020, on August 9, citing her authorization or allowance of practices and policies that have allowed violent offenders, drug traffickers, serious juvenile offenders, and pedophiles to evade incarceration when warranted under Florida law.

The governor’s 15-page order alleges that Worrell’s policies prevent or discourage assistant state attorneys from seeking minimum mandatory sentences for gun crimes and drug trafficking offenses. It argues that these practices and policies constitute an abuse of prosecutorial discretion and a systemic failure to enforce incarcerative penalties required by Florida law.

The power to suspend elected officials is granted to the governor by the Florida Constitution, with the final decision regarding removal from office resting with the Florida Senate. The Senate has advised Worrell’s lawyer that it will put proceedings on hold if she challenges the suspension in court. In the meantime, Andrew Bain, a former Orange County judge, has been appointed by DeSantis to replace Worrell as state attorney.

However, Worrell’s petition and the briefs filed on Monday assert that Governor DeSantis had no legal basis for the suspension and that he was specifically targeting her policy choices. They also raise concerns about the broader implications of such an ouster, arguing that it could set a dangerous precedent where any state attorney can be suspended simply because the governor disagrees with their policy priorities. This, they claim, would undermine the exercise of independent lawful discretion by all state attorneys and strip communities of their voting rights and the ability to select prosecutorial leaders who align with their values.

Worrell’s suspension follows a similar controversial move by Governor DeSantis last year when he suspended Hillsborough County State Attorney Andrew Warren, also a Democrat. Warren challenged his suspension at the Florida Supreme Court, but the justices ruled in June that he had waited too long to bring the case. Warren is currently fighting the suspension in federal court, with the issue pending at the 11th U.S. Circuit Court of Appeals.