Ousted Tampa state attorney pushes federal court to open path to reinstatement

Ousted Hillsborough State Attorney Andrew Warren is prodding a federal appeals court to move on a ruling from earlier this year that could get him reinstated.

“Every day that passes in this posture is one in which the results of a free and fair election are denied,” Warren’s attorneys wrote in a motion to the 11th Circuit Court of Appeals this week.

Removed from office by Gov. Ron DeSantis in 2022, Warren, a Democrat, is running against Suzy Lopez, the Republican longtime prosecutor the governor appointed to replace him. He’s also waging a court battle to get reinstated to complete his second term in office.

DeSantis accused Warren of refusing to prosecute certain low-level cases and pointed to public pledges Warren signed with other prosecutors not to pursue cases involving abortion or transgender health care. Warren calls his ouster an illegal politically-motivated stunt.

Last year, U.S. District Judge Robert L. Hinkle ruled that DeSantis violated the Florida Constitution and First Amendment in suspending Warren. But the judge also concluded he lacked the power to put him back in office.

Warren’s appeal brought him better news in January: A three judge panel gave a legal analysis of Hinkle’s ruling and ordered it sent back to him. Included was a critical footnote: They disagreed that Hinkle lacked authority to reinstate him.

But instead of being referred back to Hinkle, the case stalled for months after DeSantis’ attorneys asked for a rehearing by a full panel of judges. Not much appears to have happened since.

Warren’s motion argues that before, the case had been rightly expedited at every stage. He contends the deadline has passed for the full panel of judges to be polled to see if they want to review the case and says a single unnamed judge held up the process, at least initially.

“There is no legitimate reason to continue withholding the mandate, much less one that could possibly outweigh the enormous public interest in resolving the legality of the governor’s attempt to invalidate an election,” the motion says.

The governor’s office did not immediately respond to an emailed request for comment Tuesday.

Ryan Smith, senior strategist for the Lopez campaign, said Warren “lost his job because he wasn’t doing his job” and that his “desperation is on full display.”

Attorney Elizabeth Martinez Strauss, who faces Warren in the primary, has said without a definitive ruling from the courts, Warren could be suspended again if he won. She said Tuesday that without legal resolution by the August primary, she hopes he steps aside.

Warren has made clear he has no intention of doing so.