TALLAHASSEE, Fla. — Former Hillsborough County State Attorney Andrew Warren waited too long to ask the Florida Supreme Court to reinstate him, most of the high court justices said Thursday.
In a 6-1 decision, the court's majority dismissed Warren's petition to get his job back, with Justice Charles Canady noting that "the time for our review has passed."
DeSantis suspended Warren in August 2022, citing "neglect of duty" and "incompetence."
The Republican governor asserted that Warren – a twice-elected Democratic state attorney – violated his oath of office by cherry-picking the types of laws he enforced.
Warren challenged the governor's actions in federal court.
Although U.S. District Judge Robert Hinkle said DeSantis violated the First Amendment and the Florida Constitution by removing the elected state prosecutor, he ruled that federal law prevents him from returning Warren to office.
In its decision, the Florida Supreme Court said Warren sought relief in federal court 13 days after his suspension. However, it wasn't until almost a month after the federal district court's decision that Warren "finally knocked on this Court's door and requested our 'expeditious review.'"
The decision also notes that Warren, "who was ready to challenge the facial sufficiency of the suspension order within two weeks of his suspension," waited "almost five more months before bringing that claim in state court, all but ensuring that the 2023 regular session of the Florida Senate would come and go without any opportunity for that legislative body to potentially review the suspension."
Still, Warren's "unreasonable delay does not necessarily leave him without any potential remedy."
The Florida Supreme Court opined that the Florida Senate is the more appropriate venue to decide the matter.
"This is an issue that is crucial for democracy in Florida," Warren said in a statement Thursday. "Rather than addressing the substance of the governor's illegal action, the Court cited a technicality and avoided a ruling on the merits of the case. We are extremely disappointed by today's decision."
Justice Jorge Labarga was the lone dissenting vote. He said because the case involves the suspension of a then-sitting elected official, he was "unpersuaded by the majority's conclusion that Warren's petition is properly denied on the ground of unreasonable delay."
"We are deeply disappointed that the Florida Supreme Court refused to evaluate the merits of Mr. Warren's illegal suspension and instead ruled against him on procedural grounds," Warren's attorney, Jean-Jaques Cabou, said. "As to those grounds, we share Justice Labarga's view that the majority was wrong to avoid the merits of Mr. Warren's challenge."