ORLANDO, Fla. – Orange-Osceola State Attorney Andrew Bain is not helping once and future chief prosecutor Monique Worrell transition to her new administration, but after a memo he sent to staff was made public, he now makes clear that she will take over the office on Jan. 7.
Worrell, who was first elected state attorney in 2020, was suspended by Gov. Ron DeSantis in 2023. DeSantis in turn appointed Bain.
Bain lost the November election by 57% of the vote to Worrell, who plans to retake her old job when the new term begins next month.
[RELATED: Who is Monique Worrell, recently-elected Orange-Osceola state attorney?]
However, in the emailed memo obtained by News 6 and sent to staff in the Ninth Judicial Circuit office on Monday, Bain said he didn’t feel he could help transition the office from his administration to Worrell’s because of the suspension.
“While I accept the results of the election and wish to do everything I can to ensure the office is successful going forward, I do not yet feel I can assist her in that transition,” Bain wrote.
The state attorney points to DeSantis' August 2023 executive order that suspended Worrell from office, which says Worrell is not allowed to perform any function of public office during the suspension period until another executive order is issued or as otherwise provided by law.
The executive order doesn’t provide an end date for the suspension.
Bain also says that the Florida Constitution provides another avenue for reinstatement, which is a Florida Senate hearing and decision. Worrell never requested a Senate hearing to take up her case.
Then on Monday afternoon, Bain released a statement saying he “is ready and willing to ensure a smooth transition” and “It is the intent of the state attorney to enforce the will of the people.”
The full statement is below:
“On Monday, State Attorney Andrew Bain sent an email to staff regarding the future of the State Attorney’s Office for the Ninth Judicial Circuit. We have received several questions regarding the email and are providing the following statement in response to those questions.
The state attorney is ready and willing to ensure a smooth transition. The state attorney’s term ends Jan. 6, 2025, and he will no longer be in office. Ms. Worrell’s term will begin Jan. 7, 2025. It is the intent of the state attorney to enforce the will of the people.”
Andrew A. Bain
In response to questions from News 6 inquiring whether DeSantis believes his 2023 executive order would bar Worrell from taking office next month, the governor’s office forwarded a copy of Bain’s statement saying Worrell’s term begins Jan. 7.
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In an interview with Worrell after her win last month, she told News 6’s Louis Bolden that she described her current situation as a “hostile transition.”
Worrell said she had to make public records requests to find out the number of employees in the state attorney’s office so she could start building a team.
“This is not how it should work,” Worrell explained. “I should have full access to facilitate a seamless handover, but I’ve had to resort to public records requests just to gather basic information.”
In a statement released Monday, Worrell called Bain’s position “a betrayal of democratic principles.”
“Let me be absolutely clear — I was elected to restore justice, fairness, and integrity to this office. I will not be deterred. Any delay in the transition process is a direct affront to the very people this office serves. This is not about me — it’s about the people of this community who deserve competent, accountable leadership that works for them, not political interests," she said.
Worrell suspended in August 2023
DeSantis, in his suspension order, accused Worrell of neglect of duty and incompetence, including claims that she avoided issuing mandatory minimum sentences for gun crimes and drug trafficking offenses and had policies to help juvenile offenders avoid jail time.
Worrell’s attorneys argued DeSantis’ suspension was an “arbitrary, unsubstantiated exercise of the suspension power,” that she never had specific policies to avoid mandatory minimum sentences and that she followed state practices regarding juvenile offenders.
The Florida Supreme Court, however, affirmed Worrell’s suspension in June 2024.
“We cannot agree with Worrell that the allegations in the Executive Order are impermissibly vague, nor that they address conduct that falls within the lawful exercise of prosecutorial discretion,” the opinion read.
The court said the Florida Constitution prohibited the justices from “examining or determining the sufficiency of the evidence supporting those facts.”
Florida Statute is unclear on what happens when a public official is suspended from office but wins an election to take the office back.
It’s not known whether the governor would issue an order rescinding the current suspension or whether he could resuspend Worrell when she takes office.
In the memo, Bain called the situation “an unprecedented legal event.”
Bain told employees that they should consider their careers and families and consider whether they want to stay through a change of administration.
“Since I cannot guarantee what will happen, I encourage you each to do what is best for you and your families at this point and will not think less of anyone who seeks employment elsewhere,” Bain said.
Worrell also had a message for staff in Bain’s office in her statement.
“To the hardworking employees of this office, I see you. I know many of you have weathered turbulent times, and I want you to know that stability and transparency are on the horizon. I will not ask you to choose between your livelihood and your principles. My door will be open to you as we move forward together,” she said.
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