Andrew Warren's legal fight comes to an end
TAMPA, Fla. - More than two years after challenging his suspension by Gov. Ron DeSantis, former Hillsborough County State Attorney Andrew Warren hit a legal dead-end on Friday.
A three-judge panel of the 11th U.S. Circuit Court of Appeals ordered the dismissal of Warren’s lawsuit against DeSantis, saying the case is moot. Warren was elected in 2020 and, though he was suspended in 2022, his term officially ended Tuesday. He also lost an election bid in November to get his job back.
"Because Warren’s term of office has concluded, we cannot grant him any meaningful relief on appeal in this case in which he effectively seeks, either by injunctive or declaratory relief, his reinstatement to office," said Friday’s five-page opinion shared by Judges Jill Pryor, Kevin Newsom and Anne Conway. "Because his term has expired, any decision on the merits of his claims would be an advisory opinion."
Why was Andrew Warren suspended?
The backstory: Gov. Ron DeSantis suspended Warren in August 2022, saying the prosecutor violated his oath of office and had been soft on crime.
The Florida governor said Warren's suspension stems from three main issues:
- Warren's promise not to prosecute women or providers who violate the state's 15-week abortion ban.
- His promise not to prosecute those who provide gender re-assignment surgery for minors
- His general policy of not prosecuting minor or low-level first-time offenses for certain violations
Warren was among 90 prosecutors from across the country that signed on to the pledge after Roe v. Wade was overturned by the US Supreme Court. The governor also points towards Warren’s commitment not to criminalize minors who have sex change operations.
Warren sues DeSantis
Timeline: Warren disputed DeSantis’ accusations about his performance and filed the lawsuit in August 2022. He argued the suspension violated his First Amendment rights.
U.S. District Judge Robert Hinkle in January 2023 ruled that the First Amendment protected Warren on two factors — his political affiliations and advocacy for criminal-justice reform. Nevertheless, Hinkle concluded that DeSantis would have suspended Warren based on other factors that were not protected by the First Amendment.
In a temporary win for Warren, a three-judge panel of the Atlanta-based appeals court in January 2024 vacated Hinkle’s ruling. The panel said the suspension violated First Amendment protections in a series of ways and directed Hinkle to re-examine whether DeSantis had legitimate policy grounds to oust the prosecutor.
DeSantis’ lawyers, however, quickly asked the full appeals court to take up the dispute. Though Warren’s attorneys made attempts to speed up resolution of the case, it largely remained on hold.
Friday’s opinion vacated the January 2024 panel ruling, dismissed the appeal and directed Hinkle to dismiss the case as moot.
Could Andrew Warren receive backpay?
Warren’s attorneys argued in a December brief that the challenge to the suspension should be allowed to proceed, saying that, while Warren’s term would expire in January, "this controversy will not." Continuing the case, in part, could also allow Warren to seek back pay for the time he was suspended, the attorneys wrote.
But the appeals court said Friday that state law would only allow Warren to receive back pay after he resumed duties of the office.
Who is the Hillsborough State Attorney?
In November 2024, Suzy Lopez defeated Warren to win the race for Hillsborough State Attorney. She was appointed by DeSantis in 2022, when he suspended Warren.
She is the first woman to be elected as Hillsborough County’s lead prosecutor.
The Source: This article was written with information from the News Service of Florida and previous FOX 13 reports.
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