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Could Monique Worrell be reinstated as Florida state attorney? Not likely, says political expert

Worrell challenging the suspension in Florida courts

ORLANDO, Fla. – State Attorney Monique Worrell is far from the first elected official that Governor Ron Desantis, and previous governors, have removed from office. Article IV, section 7(a) of the Florida Constitution gives governors the executive authority to suspend state officers for a variety of reasons.

Aubrey Jewett, a professor at the University of Central Florida, tells News 6 that historically it has happened for years. Jewett says the difference when it comes to Worrell’s suspension is it appears to be more about politics.

“The vast majority of suspensions of previous governors happened when a local official was actually charged with a crime, indicted, or was medically incapable of doing their job,” said Jewett. “It depends on how you count, but for Governor DeSantis this is either like the fourth or eighth suspension he’s done really more about policy or politics, so it seems.”

Florida’s Constitution authorizes governors to suspend officials based on the following grounds: malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony.

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“Every governor has suspended and removed officials, it’s just usually it’s been done when they’ve been indicted for an actual felony or crime, not for other reasons,” said Jewett.

While announcing his decision to suspend Worrell Wednesday, Governor DeSantis said he not only believes he has a right to act, but a duty act to protect the public.

At a news conference in Tallahassee, the governor cited incompetence and neglect of duty as the basis for Worrell’s suspension. He accused her of avoiding issuing minimum mandatory sentences for gun crimes and drug trafficking offenses, of following patterns and practices allowing juvenile offenders to avoid incarceration, and avoiding valid of applicable sentencing enhancements. The governor also claimed Worrell was lenient on charges in child pornography cases.

“Prosecutors do have a certain amount of discretion about which cases to bring and which not, but what this state attorney has done is abuse that discretion and has effectively nullified certain laws in the state of Florida,” said DeSantis. “That breaches her duties that she owes to the people of Florida under our State Constitution and provides the basis for the suspension.”

Worrell fired back while speaking hours after the announcement Wednesday morning, saying she would challenge the governor in court.

“I am your duly elected state attorney, and nothing done by a weak dictator can change that,” said Worrell.

Worrell says she ran on a progressive platform and delivered after she was elected by voters in 2020.

“I didn’t hide. I didn’t say I would do things and I didn’t do them,” said Worrell. “Under this tyranny, elected officials can be removed simply for political purposes and by whim of the governor and no matter how you feel about me, you should not be OK with that.”

Worrell is the second Democratic state attorney suspended by DeSantis in the last year. In August 2022, Andrew Warren, the state attorney in Hillsborough County, was suspended after he spoke out against Florida’s 15-week abortion ban. He challenged Desantis’s decision in the courts.

Thursday, Warren told News 6 that news of Worrell’s suspension causes him more concern.

“It absolutely does,” said Warren. “We had said the governor would be emboldened if the courts didn’t step in and say, ‘You’re not allowed to do this.’”

In June, Florida’s Supreme Court dismissed a lawsuit from Warren, citing an “unreasonable delay,” and instead referred Warren to the state senate.

The Florida Senate has the responsibility to remove or re-instate a suspended official.

A memo from the senate president Kathleen Passidomo was sent to all state senators Wednesday, informing them they are inquiring whether it is Worrell’s intention to resign from office or request a hearing. The memo states if Worrell chooses to challenge the suspension order in court, the matter will not be considered by the Senate until final determination of a court challenge and the “exhaustion of all appellate remedies.”

When asked what history tells us when it comes to suspended officials being re-instated, Jewett says it’s not likely.

“It is not likely, even in just generic terms. Senates don’t usually override gubernatorial decisions like this,” said Jewett.

Jewett says it is a challenge both legally and politically.

“The Republican legislature, the senate, is filled with Republicans and they have shown no desire to go against what the governor wants to do,” said Jewett.

Jewett adds that realistically Worrell will likely only get her job back if she runs for re-election. Wednesday, she said she was still running in 2024.

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