Ron DeSantis suspends State Attorney Monique Worrell using Article IV of Florida Constitution: What is it?

Monique Worrell's most controversial cases

Florida Governor Ron DeSantis suspended State Attorney Monique Worrell of the Ninth Judicial Court Wednesday morning for neglect of duty. He suspended her via executive order.

ORANGE COUNTY, Fla. - Florida Gov. Ron DeSantis suspended State Attorney Monique Worrell on Wednesday for "neglecting her duty to faithfully prosecute crime in jurisdiction." He did that using Article IV, Section 7 of the Florida Constitution, which gives him the power to suspend any elected official from office.

DeSantis suspends State Attorney Monique

Florida Gov. Ron DeSantis suspended State Attorney Monique Worrell for "dereliction of duty" on crime via an executive order on Wednesday. The governor is tapping Florida judge Andrew Bain to replace Worrell as the state attorney for the 9th judicial circuit.

Here's what to know about the governor's executive power:

What is Article IV of the Florida Constitution?

DeSantis cited the following constitutional articles in his executive order suspending Worrell.

Article IV, Section 1 applies to the governor of Florida and their duties:

(a) The supreme executive power shall be vested in a governor, who shall be commander-in-chief of all military forces of the state not in active service of the United States. The governor shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government. The governor may require information in writing from all executive or administrative state, county or municipal officers upon any subject relating to the duties of their respective offices. The governor shall be the chief administrative officer of the state responsible for the planning and budgeting for the state.
(b) The governor may initiate judicial proceedings in the name of the state against any executive or administrative state, county or municipal officer to enforce compliance with any duty or restrain any unauthorized act.
(c) The governor may request in writing the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting the governor’s executive powers and duties. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion not earlier than ten days from the filing and docketing of the request, unless in their judgment the delay would cause public injury.
(d) The governor shall have power to call out the militia to preserve the public peace, execute the laws of the state, suppress insurrection, or repel invasion.
(e) The governor shall by message at least once in each regular session inform the legislature concerning the condition of the state, propose such reorganization of the executive department as will promote efficiency and economy, and recommend measures in the public interest.
(f) When not otherwise provided for in this constitution, the governor shall fill by appointment any vacancy in state or county office for the remainder of the term of an appointive office, and for the remainder of the term of an elective office if less than twenty-eight months, otherwise until the first Tuesday after the first Monday following the next general election.

State Attorney Monique H. Worrell holds a press conference, on March 9, 2023. Worrell discussed charges against Keith Moses. (Ricardo Ramirez Buxeda/Orlando Sentinel/Tribune News Service via Getty Images)

Article IV, Section 7 applies to suspensions:

(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.
(b) The senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the senate may be convened in special session by its president or by a majority of its membership.
(c) By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these powers are vested elsewhere by law or the municipal charter.

DeSantis suspends Monique Worrell: Here's why

Florida Gov. Ron DeSantis suspended State Attorney Monique Worrell, effective immediately, the governor said Wednesday morning during an announcement at the state's capitol in Tallahassee. She will be replaced by Judge Andrew Bane.

Article V, Section 17 applies to state attorneys:

In each judicial circuit a state attorney shall be elected for a term of four years. Except as otherwise provided in this constitution, the state attorney shall be the prosecuting officer of all trial courts in that circuit and shall perform other duties prescribed by general law; provided, however, when authorized by general law, the violations of all municipal ordinances may be prosecuted by municipal prosecutors. A state attorney shall be an elector of the state and reside in the territorial jurisdiction of the circuit; shall be and have been a member of the bar of Florida for the preceding five years; shall devote full time to the duties of the office; and shall not engage in the private practice of law. State attorneys shall appoint such assistant state attorneys as may be authorized by law.

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Article III, Section 17 applies to impeachment:

(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office. The House of Representatives by two-thirds vote shall have the power to impeach an officer. The speaker of the House of Representatives shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.
(b) An officer impeached by the House of Representatives shall be disqualified from performing any official duties until acquitted by the senate, and, unless impeached, the governor may by appointment fill the office until completion of the trial.
(c) All impeachments by the House of Representatives shall be tried by the senate. The chief justice of the supreme court, or another justice designated by the chief justice, shall preside at the trial, except in a trial of the chief justice, in which case the governor shall preside. The senate shall determine the time for the trial of any impeachment and may sit for the trial whether the House of Representatives be in session or not. The time fixed for trial shall not be more than six months after the impeachment. During an impeachment trial senators shall be upon their oath or affirmation. No officer shall be convicted without the concurrence of two-thirds of the members of the senate present. Judgment of conviction in cases of impeachment shall remove the offender from office and, in the discretion of the senate, may include disqualification to hold any office of honor, trust or profit. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer.