Florida - Wednesday August 9, 2023: Governor DeSantis today issued an Executive Order suspending State Attorney Monique Worrell of the 9th Judicial Circuit for what he says has been her "neglect of duty to faithfully prosecute crime in her jurisdiction."
Worrell is a Democratic who was elected in 2021. The 9th Circuit covers Osceola and Orange counties, including the city of Orlando.
The Republican Governor announced her suspension at a news conference in Tallahassee Wednesday morning citing what he said was Worrell's "pattern or practice to avoid minimum mandatory sentences" for gun and drug crimes, among other allegations. "Monique Worrell's administration of criminal justice in the 9th Circuit has been clearly and fundamentally derelict," said the Governor.
View the Governor's news conference on The Florida Channel here > https://thefloridachannel.org/videos/8-9-23-governors-press-conference-on-suspension-of-ninth-judicial-circuit-court-state-attorney-monique-worrell/.
During the news conference DeSantis, and Attorney General Ashley Moody, both raised last weekend's shooting in Orlando that left two police officers injured. The suspect,
Daton Viel, was shot and killed during the confrontation. Police union officials have accused Worrell of not doing enough to keep the Viel in jail when he was arrested earlier this year.
Two days ago, on Monday following the weekend shooting, Worrell held a news conference defending her office saying that the police union is spreading misinformation for political gain and that the court, not her office, is responsible for setting bail.
"We will not tolerate a State Attorney who pursues an agenda at the expense of Floridians," said DeSantis in a statement on his Facebook page. "Florida is a law-and-order state. As long as I’m Governor, it will stay that way," he said. A news release from the Governor's Office stated that "Worrell’s practices and policies have too often allowed violent criminals to escape the full consequences of their criminal conduct, thereby endangering the innocent civilians of Orange and Osceola counties."
The Governor has appointed former judge Andrew Bain to serve as State Attorney for the duration of the suspension. Bain most recently served as an Orange County judge in the 9th Judicial Circuit. He previously served as Assistant State Attorney in the 9th Circuit under State Attorney Jeffrey L. Ashton. He received his law degree from Florida A&M University College of Law and his bachelor’s degree from the University of Miami.
To download and read the Executive Order suspending Monique Worrell and appointing Andrew Bain, click here.
The order, in part, cites the following reasons for Worrell's suspension: "Worrell has· authorized or allowed practices or policies that have systematically permitted· .violent offenders, drug traffickers, serious -juvenile offenders, and pedophiles to evade incarceration when otherwise warranted under Florida law. These practices or policies include non-filing or dropping meritorious charges or declining to allege otherwise provable facts to avoid triggering applicable lengthy sentences, minimum mandatory sentences, or other sentencing enhancements, especially for offenders under the age of 25."
“It is my duty as Governor to ensure that the laws enacted by our duly elected Legislature are followed,” said the Governor in a news release. “The people of Central Florida deserve to have a State Attorney who will seek justice in accordance with the law instead of allowing violent criminals to roam the streets and find new victims.”
The Governor has maintained that has the authority to suspend a state officer under Article IV, Section 7 of the Florida Constitution.
Andrew Warren
This is the second State Attorney that the Governor has suspended. Last year, DeSantis suspended Andrew Warren, a twice-elected, Democratic state attorney in Hillsborough County, which includes Tampa. He cited Warren's decision to join other prosecutors around the country in signing a statement that said they would not pursue criminal charges against seekers or providers of abortion or those that provide gender transition treatments.
Warren has sued the governor in federal court to get his job back. This morning Warren released a statement in reaction to the Governor's decision to suspend Worrell in which he says:
“Another illegal and unconstitutional attack on democracy by a small, scared man who is desperate to save his political career. He wants to be a bully, but he’s actually a coward who has repeatedly violated the rule of law and the will of the voters to cover up his own weakness.”
- Hillsborough State Attorney Andrew Warren
Last January Federal Judge Robert Hinkle, of the Northern District Court of Florida, ruled that DeSantis violated both the Florida and U.S. Constitutions by suspending Warren for politically motivated reasons. “The record includes not a hint of misconduct by Mr. Warren,” Hinkle wrote. However, Judge Hinkle also concluded that federal law prevents him from interfering with what is largely a matter of state law.
Warren has appealed Judge Hinkle's decision to the United States Court of Appeals for the Eleventh Circuit, based in Atlanta. He is awaiting a decision from that court.