TALLAHASSEE, Fla. (AP) — A state attorney in Florida told his staff he can’t legally help his elected replacement take over his seat because Gov. Ron DeSantis had already suspended the Democrat from the office, according to an internal email obtained by The Associated Press.
An executive order issued by DeSantis in 2023 suspending then-State Attorney Monique Worrell from office is still in effect, argued state attorney Andrew Bain in a message sent to staff on Monday. The governor appointed Bain to the 9th Judicial Circuit to replace Worrell, who beat him in last month’s election to retake the Orlando metro area’s top prosecutor’s office.
“While I accept the results of the election and wish to do everything I can to ensure the Office is successful going forward, I do not yet feel I can assist her in that transition,” Bain wrote.
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Worrell’s new term is slated to begin Jan. 7, 2025. She is one of two elected state attorneys, both Democrats, who DeSantis has removed from office. DeSantis said Worrell failed to prosecute minors and didn’t seek mandatory minimum sentences for gun crimes, putting her central Florida district in danger. She disputed his criticism as false and politically driven.
DeSantis and other Republicans across the U.S. have called Democratic prosecutors’ decisions into question.
Bain said in the email shared with the AP that Worrell’s suspension must be resolved by either another executive order by DeSantis or a decision by the Florida Senate, which reviews the cases of elected officials suspended from office.
“Without one of these things, I do not feel I can lawfully assist in a transition to an individual whose lawful suspension was affirmed by the Florida Supreme Court,” Bain wrote. “We are living through an unprecedented legal event without clear answers.”
Representatives for Bain did not respond to phone and email inquiries from the AP. A statement posted to the state attorney’s website Monday appeared to contradict Bain’s message to staff.
“The state attorney is ready and willing to ensure a smooth transition,” reads a message released by the agency’s public information office. “The state attorney’s term ends Jan. 6, 2025, and he will no longer be in office. Ms. Worrell’s term will begin Jan. 7, 2025. It is the intent of the state attorney 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 expired 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 affront to the very people this office serves.”
A spokesperson for DeSantis pointed to the statement released by the state attorney’s public information office and didn’t respond to other questions from the AP.
___ Kate Payne is a corps 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.
