Florida Supreme Court Upholds Removal of Orlando Prosecutor Monique Worrell

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Max Power

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Monique Worrell

Tallahassee, Florida, June 6, 2024 – The Florida Supreme Court upheld the removal of Monique Worrell, the State Attorney for the Ninth Judicial Circuit, based in Orlando, Florida by Governor Ron DeSantis. You can read the opinion HERE:

Monique Haughton Worrell v. Ron D. Desantis, Docket # SC2023-1246

You can watch the oral argument before the Florida Supreme Court HERE:

https://wfsu.org/gavel2gavel/viewcase.php?eid=2866

In Executive Order 23-160 (Executive Order), Governor Ron DeSantis suspended Monique Worrell from the office of State Attorney for the Ninth Judicial Circuit. The Executive Order alleges in summary that “during Worrell’s tenure in office, the administration of criminal justice in the Ninth Circuit has been so clearly and fundamentally derelict as to constitute both neglect of duty and incompetence.” In specific allegations running to fifteen pages, the Executive Order states that Worrell authorized or allowed charging practices that “permitted violent offenders, drug traffickers, serious juvenile offenders, and pedophiles to evade incarceration when otherwise warranted under Florida law.” For example, the Executive Order alleges Worrell authorized or allowed practices that prevented or discouraged assistant state attorneys from obtaining meritorious minimum mandatory sentences for both drug trafficking offenses as set forth in section 893.135, Florida Statutes (2023), and gun crimes as set forth in sections 775.087(2)-(3) and 27.366, Florida Statutes (2023). The Executive Order also states Worrell authorized or allowed practices or policies that prevented assistant state attorneys from seeking certain sentencing enhancements, including for prison releasee reoffenders pursuant to sections 775.082(9)(a)1.-2., and 3.d., Florida Statutes (2023), and habitual violent felony offenders pursuant to sections 775.084(1)(b) and (4)(b), Florida Statutes (2023). In addition, citing data from the Florida Department of Corrections, it alleges Worrell authorized limited charges for possession of child pornography—even when additional counts could have been charged and proven at trial.

Worrell challenged the Executive Order through a Petition for a Writ of Quo Warranto and a Petition for a Writ of Mandamus. However, the Florida Supreme Court ruled in favor of Governor DeSantis, ruling that Article IV, § 7(a) of the Florida Constitution gives the Governor the power to suspend a state officer for neglect of duty or incompetence. Because the law only requires that the Governor’s executive order contains sufficient allegations that bear some reasonable relation to the charge made against the state officer, the Florida Supreme Court held that the Executive Order was sufficient on its face.

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Monique Worrell, Ron DeSantis, Florida Supreme Court, State Attorney, Ninth Judicial Circuit, Orlando, Petition for a Writ of Quo Warranto, Petition for a Writ of Mandamus

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