Dem Florida Prosecutor Suspended by DeSantis Takes Case to State Supreme Court - The Messenger
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Dem Florida Prosecutor Suspended by DeSantis Takes Case to State Supreme Court

DeSantis has suspended a number of prosecutors during his tenure as governor of the Sunshine State

The Florida Supreme Court building is pictured on November 10, 2018 in Tallahassee, Florida. Mark Wallheiser/Getty Images

The Florida Supreme Court on Wednesday heard oral arguments in the case of Monique Worrell, the Democratic Florida prosecutor who was suspended by Republican Gov. Ron DeSanits who is trying to get her job back.

The Florida Constitution allows for the governor to suspend elected officials if they have shown a "neglect of duty" or incompetence during their practice. Florida's Senate holds the final decision in suspension.

Attorneys for Worrell have argued that DeSantis's suspension of Worrell has lacked specificity.

“Why is the concept of neglect of duty not broad enough ... to encompass the kind of things that are talked about in the suspension order?” Chief Justice Carlos Muñiz asked Worrell attorney Laura Ferguson, according to the Tampa Bay Times.

She responded: “What’s critical is that there is no duty that Ms. Worrell is alleged to have neglected. Her duty ... is to exercise her discretion within the bounds of the law and to look at each case on an individualized basis."

However, Justice Charles Canady pushed back on notions from Worrell's legal team that cases are looked at on an "individualized basis" and her "duty" is to "exercise discretion."

“Reasonable people can disagree about that, but the governor and the Senate have a constitutional responsibility to make determinations about what falls within the scope of neglect of duty and, under our precedents, we don’t get into that,” Canady said, according to the Tampa Bay Times.

Jeffrey DeSousa, the state’s chief deputy solicitor general, said that Worrell's suspension was justified based on her prison incarceration rates compared to other Florida prosecutors.

“The governor properly suspended Miss Worrell from office because her practices or policies she adopted as state attorney contravened legislative policy and simultaneously resulted in gross underperformance of her office relative to all other state attorneys in the state,” DeSousa said.

In August, DeSantis issued an executive order suspending Worrell, accusing her of avoiding minimum mandatory sentences for drug trafficking offenses and gun-related crimes, and failing to "faithfully prosecute crime."

Following her suspension, House Democrats penned a letter to House Oversight Committee Chairman James Comer, R-Ky., asking him to open an investigation into DeSantis and his "ongoing efforts to subvert democracy." 

In September, Worrell petitioned to get her job reinstated.

DeSantis has suspended a number of prosecutors during his tenure as governor of the Sunshine State.

Worrell has also accused DeSantis of suspending her as a part of his political agenda in seeking the Republican nomination for president in 2024.

“Justice shouldn’t depend on your political party, on the color of your skin, on the money in your pocket or in your bank account, on the connections or affiliations that you have. We come seeking justice. But as many people before, we understand that, sometimes, justice is denied,” she said, according to the Tampa Bay Times.

She also claimed it has "stolen" votes from the people.

"Our justice has been killed and our democracy is being destroyed. We have to fight. And I am fine to be one of the many individuals who will lead the fight for justice,” Worrell said.

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