State attorney sues DeSantis over suspension
Adam Warren, State Attorney for the 13th Judicial District, who was suspended by Gov. Ron DeSantis over a letter he signed, has sued the governor in federal court. Warren is alleging First Amendment violations over his removal.
Warren, a twice-elected state attorney, is facing the official termination of his office pending a State Senate hearing over his suspension. DeSantis suspended Warren over his alleged signature of a statement that he would not criminally prosecute doctors who perform gender-affirming care to trans youth, or their parents.
DeSantis said he suspended Warren over the signing of a letter in which Warren committed to not criminalizing parents or doctors who provide gender-affirming care to children, or those who provide abortions the state deems to be illegal. To date, Warren has not been faced with such cases though DeSantis said the statements alone proved that Warren thought he was above the law. The state does not have any laws regarding gender-affirming care and a law to limit the term of abortions is in the courts.
“At no time while in office has Warren ever been referred a case involving a request to prosecute abortion-related crimes,” attorney David Singer stated in the filing.
Warren, an ex-prosecutor for the U.S. Department of Justice, filed suit in U.S. District Court, Northern District of Florida on Wednesday. The 13th Judicial District covers Tampa and Hillsborough County.
Warren stated that the lawsuit seeks to confirm that the “First Amendment still applies even though DeSantis is the Governor of Florida and that the Constitution of the State of Florida means what the courts say it means, not whatever DeSantis needs it to mean to silence his critics, promote his loyalists, and subvert the will of the voters.”
Warren was removed from office without pay and pointed to a statement from the spokesperson for DeSantis, Christina Pushaw, which was posted on Twitter and states the suspension “is not like a paid administrative leave or whatever. Adam Warren is no longer the Hillsborough State Attorney.”
In his suit, Warren said he was physically escorted out of his office by an armed deputy following the executive order issued by DeSantis suspending him after being given an incomplete copy of the order. DeSantis said he would seek the permanent removal of Warren from his position.
In the executive order suspending Warren, DeSantis cited the Florida Constitution which he said allows him to suspend state officials for reasons of misfeasance, malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony.
Warren’s suit cites a U.S. Supreme Court decision this year in Houston Community College v. Wilson in which the court ruled that the First Amendment “prohibits government officials from subjecting individuals to ‘retaliatory actions’ after the fact for having engaged in protected speech.”
Warren’s suit also cites the 1966 U.S. Supreme Court case Bond v. Floyd in which the court ruled the First Amendment requires that elected officials “be given the widest latitude to express their views on issues of policy.”
Warren acknowledged co-signing a joint statement with other elected prosecutors that called on policymakers to “leave healthcare decisions to patients, families, and medical providers.” In the statement, the signatories pledged to “use [their] discretion and not promote the criminalization of gender-affirming healthcare or transgender people.”
In June, after the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision which reversed Supreme Court precedent on abortion rights, Warren signed on to a joint statement with other prosecutors which stated that criminalizing and prosecuting individuals who provide abortion care makes a “mockery of justice; prosecutors should not be part of that.”
The statement declared that the prosecutors would “exercise [their] well-settled discretion and refrain from prosecuting those who seek, provide or support abortions.” Warren and the signatories also signed on to a statement that “legislatures may decide to criminalize personal healthcare decisions, but we remain obligated to prosecute only those cases that serve the interests of justice and the people.”
During a press conference at the Hillsborough County Sheriff’s Office in which DeSantis announced the suspension of Warren Aug. 4, Sheriff Chad Chronister criticized Warren for dropping cases and reducing charges. Warren stated that his office has instituted a policy of “presumption of non-prosecution” for certain criminal violations, including trespassing at a business location, disorderly conduct and in cases where the initial encounter between defendants and law enforcement was over non-criminal violations such as riding a bicycle or a pedestrian violation.
Political motivation allegations
In the suit, Warren refers to his history of clashing politically with DeSantis. He supported the ballot measure Amendment 4 which restored voting rights to convicted felons while DeSantis put restrictions on Amendment 4 by requiring convicted felons to pay any fines or fees associated with their conviction before being able to vote.
Warren also publicly opposed HB-1, the law championed by DeSantis, which he argued was a threat to First Amendment rights to protest.
DeSantis fired Warren on the charges of incompetency and neglect of duty.
Warren countered that the charges are based on a difference of opinion with the governor. “A difference of opinion is not ‘incompetency’ as defined by the Florida Constitution,” Warren’s suit states. “Neither is the exercise of ethically and constitutionally required prosecutorial discretion.”
New state attorney making changes
DeSantis appointed Susan Lopez to replace Warren. Lopez was previously appointed Hillsborough County Court Judge by DeSantis in 2021, and has served as an assistant state attorney.
Warren said the changes to his office have been quick since his Aug. 4 suspension.
Lopez has already reversed course on Warren’s policies, moving to pursue a death penalty case where Warren was not seeking the death penalty.
Warren’s chief communications officer was fired by the governor following his suspension.
Bryan Griffin, press secretary for DeSantis, responded to the lawsuit by stating:
“It’s not surprising Warren, who was suspended for refusing to follow the law, would file a legally baseless lawsuit challenging his suspension. We look forward to responding in court.”
To reach NATHAN MAYBERG, please email nmayberg@breezenewspapers.com