The Governor vs. Prosecutors

Update: Worrell won reelection in November 2024 and returned to office on January 7, 2025. This article addresses her 2023 suspension and the broader debate over prosecutorial independence.

On August 9, 2023, Governor Ron DeSantis suspended Orlando-area State Attorney Monique Worrell, alleging neglect of duty and incompetence. The Brennan Center for Justice’s analysis of Worrell’s suspension criticized the decision as an attack on prosecutorial discretion and sound public-safety policy. In my view, the suspension also undermined voters’ ability to choose their local prosecutor.

The governor took issue with Worrell’s use of prosecutorial discretion to avoid unnecessarily harsh charges and sentences in certain types of cases. However, the governor’s actions reflect a fundamental misunderstanding of the prosecutor’s proper role, ignore mounds of evidence on effective public safety policies, and show dangerous disrespect for democracy.

As a criminal defense attorney practicing in Florida myself, I have seen first-hand the injustice caused by overly punitive policies. Prosecutors like Worrell, who use their discretion to implement more balanced approaches, are needed now more than ever. DeSantis’s suspension of Worrell suppresses the will of voters and worsens justice outcomes.

The Governor vs. the People’s Will

Worrell, who was elected in 2020, had wide community support for her agenda of focusing resources on what actually prevents crime rather than defaulting to maximum punishment. The governor is undoubtedly infringing on democracy by suspending a prosecutor enacting the very reforms she promised voters during her campaign.

Andrew Warren’s challenge to his suspension raised serious questions about retaliation against an elected prosecutor’s protected speech. But the litigation ended without a lasting ruling on those claims. On January 10, 2025, the Eleventh Circuit vacated its earlier opinion and the district court’s judgment, directing dismissal because Warren’s term had expired and the case was moot.

These attacks on Worrell, Warren, and similar prosecutors across the country are transparent attempts to undermine reformers responding to constituents’ calls for more effective public safety policies. They aim to replace community preferences with the governance whims of state Republican officials. This is an affront to the basic principles of representative democracy.

The Prosecutor’s Proper Role

DeSantis alleges Worrell neglected her duty by avoiding severe charges in too many cases, like those involving youth or drugs. However, he fundamentally misunderstands the prosecutorial function.

The American Bar Association explains that prosecutors should use balanced judgment to promote public safety through fair exercise of discretion over charging and plea bargains. They should only leverage the justice system when appropriate, not reflexively pursue the harshest charges or sentences allowed. That same balance between discretion, public safety, and fairness is central to the broader question of holding prosecutors accountable.

Voters should have a meaningful voice in their prosecutor’s priorities. Florida law nevertheless gives the governor power to suspend a state attorney on specified grounds, including neglect of duty and incompetence, while the Senate may remove or reinstate the suspended official. In Worrell v. DeSantis, the Florida Supreme Court rejected Worrell’s challenge on June 6, 2024. It held that the order’s allegations met the threshold for suspension, leaving their factual merits to the Senate. That limited ruling leaves ample room to criticize the suspension as a matter of public policy.

The Governor vs. the Evidence

The dispute also concerns how prosecutors use charging decisions to shape sentencing exposure. Florida’s mandatory minimum sentencing laws help explain the stakes: qualifying convictions can trigger required prison terms. The governor’s suspension order accused Worrell of allowing practices that prevented prosecutors from obtaining those sentences in qualifying drug and firearm cases.

The Brennan Center’s August 2023 analysis cited research questioning the public-safety benefits of mandatory minimums and lengthy prison terms. Those findings support a closer look at whether a required prison term serves the needs of a particular case.

The evidence also supports Worrell’s approach to juvenile cases. Research confirms brain development continues until around age 25, so young people’s decision-making is not fully mature until then. Many studies also show criminal activity naturally declines with age – the older someone gets, the less likely they are to re-offend.

The Supreme Court has recognized youth’s importance in sentencing. In Graham v. Florida, it barred life without parole for crimes other than homicide committed before age 18, requiring a meaningful chance for release based on maturity and rehabilitation. In Miller v. Alabama, the Court separately barred mandatory life without parole for offenders who were under 18 when they committed their crimes, including homicide.

In contrast to Worrell’s evidence-based policies, the governor’s views perpetuate failed “tough on crime” stances. America’s mass incarceration crisis has not improved safety. Diversion programs, mental health and drug treatment, re-entry support, and crime victim resources are smarter investments.

The Governor vs. Justice

DeSantis’s suspension of reform-minded prosecutors like Worrell also raises concerns about racial fairness. In my view, efforts to reduce harsh or unequal treatment deserve careful review and public debate.

Overly aggressive prosecution and sentencing also deepen the wider harms of criminal records. A record can create lasting barriers to employment, housing, voting, and public benefits, depending on the offense and the law that applies.

Prosecutors like Worrell strive to prevent crime and reduce excessive punitiveness simultaneously. The governor’s suspensions directly obstruct these goals and worsen justice harms.

Defending Justice

As a criminal defense lawyer, I see the injustice of current policies daily. Draconian mandatory minimum statutes and extreme sentencing practices destroy lives, families, and communities without meaningfully deterring crime.

Prosecutors willing to use their discretion to avoid unnecessary criminalization deserve support for that work. Reformers like State Attorney Worrell are fulfilling their democratic mandates by responding to their constituents’ calls for balancing public safety and fairness in the justice system.

DeSantis’s suppression of Worrell and prosecutors like her will inflict damage on justice and public safety in Florida. I will continue advocating to defend prosecutorial independence and the role of discretion in achieving genuine justice. Prosecutors across the country implementing reforms in line with public preferences and evidence should take heart – despite these political attacks, many recognize the value of your work.