TALLAHASSEE, Fla. (AP) — A Florida prosecutor told his staff he cannot legally help his chosen replacement take over his seat because Gov. Ron DeSantis had already suspended the Democrat from office, according to an internal email obtained by The Associated Press.
An executive order issued by DeSantis in 2023 suspending then-State’s Attorney Monique Worrell from office is still in effect, State’s Attorney Andrew Bain argued in a message sent to staff Monday. The governor appointed Bain to the 9th Judicial Circuit to replace Worrell, who defeated him in last month’s election to retake the top prosecutor in the Orlando metro area.
“While I accept the outcome of the election and want to do everything I can to ensure that the Bureau is successful in the future, I do not yet feel that I can assist it in that transition,” Bain wrote.
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Worrell’s new term begins on January 7, 2025. She is one of two elected state attorneys, both Democrats, whom DeSantis removed from office. DeSantis said Worrell failed to prosecute minors and not seek mandatory minimum sentences for gun crimes, putting her central Florida district in jeopardy. She disputed his criticism as false and politically driven.
DeSantis and other US Republicans have questioned the decisions of Democratic prosecutors.
Bain said in the email shared with the AP that Worrell’s suspension should be resolved by another executive order from DeSantis or a decision by the Florida Senate, which reviews cases of elected officials suspended from office .
“Without any of these things, I do not feel I can lawfully assist in the transition to an individual whose lawful suspension has been upheld by the Florida Supreme Court,” Bain wrote. “We are experiencing an unprecedented legal event without clear answers.”
Bain representatives did not respond to telephone and email inquiries from the AP. A statement posted Monday on the district attorney’s website appeared to contradict Bain’s message to staff.
“The prosecutor’s office is prepared to ensure a smooth transition,” said a message from the agency’s public information office. “The District Attorney’s term will end on January 6, 2025 and he will no longer be in office. Ms. Worrell’s term will begin on January 7, 2025. It is the intent of the District Attorney’s Office to enforce the will of the people.”
Worrell criticized Bain’s statements as a “betrayal of democratic principles” and argued that the executive order suspending her would expire with the 2024 election.
“No executive order, no political maneuver, and certainly no personal grievance can override the will of the people,” Worrell said in a statement. “Any delay in the transition process is a direct insult to the people this agency serves.”
A spokesperson for DeSantis pointed to the statement from the state attorney general’s public information office and did not respond to other questions from the AP.
___ Kate Payne is a staff member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
