In a prepared statement to staff, Andrew Bain, the State Attorney for Florida's Ninth Judicial Circuit, informed staff about uncertainties surrounding the transition to newly elected State Attorney Monique Worrell, whose suspension remains unresolved under Executive Order 23-160. Bain explains the legal ambiguity preventing his assistance in the transition and encourages staff to prioritize their families and career decisions. He offers support for those staying or departing, assuring flexibility with policies. Bain thanks his team for their dedication.
State Attorney Bain cites No. SC19-329 MARY BETH JACKSON vs. RON DESANTIS, GOVERNOR, April 16, 2019, as a cause for ambiguity in Worrell's transition. Specifically noted is Florida Supreme Court Justice Barbara Lagoa's concurring opinion in Jackson v. DeSantis, where she does not specifically address time constraints on suspension orders but provides clarity on their indefinite nature. Her analysis emphasizes that under Florida law, a governor's suspension order remains in effect until:
A Senate Decision: The Florida Senate reviews and resolves the matter, either by upholding the suspension or taking another action.
Governor's Rescission: The governor explicitly rescinds the suspension order through a formal act.
Judicial Intervention: Courts intervene and issue a decision that alters or terminates the suspension.
Justice Lagoa reinforces the notion that the Florida Constitution and the relevant Executive Order (EO) governing suspensions do not provide automatic time limits. Instead, the order is designed to ensure the continuity of governance until the constitutional and statutory processes are completed. This underscores the potential for uncertainty in cases where no formal resolution occurs promptly.
The J & Washington Network will continue to update this story as it unfolds.
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