DeSantis suspending woke prosecutors

[HoosierLife]

This prosecutor said they wouldn’t enforce some of the anti-grooming laws.

So he gave them the boot.

Is that legal?

And while it seems prudent to me, how is that any different from my local sheriff stating he wouldn’t enforce mask mandates?

Well, I answered my own question. It wasn’t an actual law, so there’s nothing to enforce.

But what about Sheriffs in liberal states doing the same thing when something crazy is law?

Is this part of checks and balances? Always thought legislatures came up with the law and prosecutors and law enforcement enforced them?

What wiggle room do they actually have?

Ron DeSantis Suspends Woke State Prosecutor Andrew Warren

DeSantis took action against woke prosecutors who put themselves above the law, announcing the suspension of state Attorney Andrew Warren.

www.breitbart.com

 

[hooky]

I assume a state prosecutor ultimately serves at the pleasure of the Governor. Prosecutors are part of the executive branch of government at the state and federal level.

Sheriffs are elected officials.

 

[manifest destiny]

Another question(s) - if a prosecutor is suspended, who serves in his stead? Highest ranking subordinate? Someone appointed by the governor? Suspension is time specific, or it runs the entirety of prosecutors elected term? If suspended prosecutor balks at the suspension, who decides the dispute? I'm anxious to see how this plays out.

 

[HoughMade]

This gets sticky and goes state by state.

Sheriffs, generally, are elected and in Indiana, at least, are "constitutional officers" meaning that their power derives from the Constitution of the state. In Indiana, the same goes for county prosecutors (we don't use the term "state's attorney). What this means is (generally) the "constitutional officer" does not answer to the governor or essentially anyone else, except that they are subject to the law and can themselves face criminal actions or lawsuits for not acting in accordance with the law. The Attorney General keps an eye out for corruption, but does not directly supervise county prosecutors. Constitutional officers cannot be fired by a "superior" or have their pay cut during their term. They answer only to the people in an election or the law through the above-mentioned lawsuits and criminal actions. There may be impeachment built into the law as well.

Of course, deputies and deputy prosecutors get none of these protections as they are not elected. They answer to the head of their department or office.

This is a separation of powers thing. Like I said, this is highly state specific. Some places, every prosecutor may be subject to the authority of the governor. Not here.

 

[winchester4440]

I assume a state prosecutor ultimately serves at the pleasure of the Governor. Prosecutors are part of the executive branch of government at the state and federal level.

Sheriffs are elected officials.

Prosecutors are elected. They serve until the people elect someone else.

 

[GodFearinGunTotin]

ThThis gets sticky and goes state by state.

Sheriffs, generally, are elected and in Indiana, at least, are "constitutional officers" meaning that their power derives from the Constitution of the state. In Indiana, the same goes for county prosecutors (we don't use the term "state's attorney). What this means is (generally) the "constitutional officer" does not answer to the governor or essentially anyone else, except that they are subject to the law and can themselves face criminal actions or lawsuits for not acting in accordance with the law. The Attorney General keps an eye out for corruption, but does not directly supervise county prosecutors. Constitutional officers cannot be fired by a "superior" or have their pay cut during their term. They answer only to the people in an election or the law through the above-mentioned lawsuits and criminal actions. There may be impeachment built into the law as well.

Of course, deputies and deputy prosecutors get none of these protections as they are not elected. They answer to the head of their department or office.

This is a separation of powers thing. Like I said, this is highly state specific. Some places, every prosecutor may be subject to the authority of the governor. Not here.

This is what I was going to say. (Kinda).

 

[Onebad06vtx]

This prosecutor said they wouldn’t enforce some of the anti-grooming laws.

So he gave them the boot.

Is that legal?

And while it seems prudent to me, how is that any different from my local sheriff stating he wouldn’t enforce mask mandates?

Well, I answered my own question. It wasn’t an actual law, so there’s nothing to enforce.

But what about Sheriffs in liberal states doing the same thing when something crazy is law?

Is this part of checks and balances? Always thought legislatures came up with the law and prosecutors and law enforcement enforced them?

What wiggle room do they actually have?

Ron DeSantis Suspends Woke State Prosecutor Andrew Warren

DeSantis took action against woke prosecutors who put themselves above the law, announcing the suspension of state Attorney Andrew Warren.

www.breitbart.com

Sounds like its legal.
They where voted to up hold the law!
Not doing that is grounds of termination,just like any other job.

 

[bwframe]

No one should be immune from immediate termination, due to inadequet work performance.


.

 

[Bugzilla]

The article I read stated it was legal and had an excerpt from the law. I did not read the excerpt.

 

[BugI02]

It is my understanding that Florida has a chief state prosecutor, selected by the AG. That chief prosecutor answers to the AG and the county prosecutors answer to the chief prosecutor and after all the **** rolls to the bottom of the hill, they all serve at the pleasure of the governor

I'm not confident I correctly understand the arrangement, but it looks like the governor would only have to get AG and the chief prosecutor on board and the guy would be toast

 

[Leadeye]

I'll go out on a limb here and say that it was a good early opening move on the presidential chessboard. People are getting fed up with bad prosecutors, much like they are getting fed up with bad educators.

 

[phylodog]

People are getting fed up with bad prosecutors, much like they are getting fed up with bad educators.

If only they shared some common identifier that would make them easy to spot.

 

[Leadeye]

If only they shared some common identifier that would make them easy to spot.

Maybe it's in the DNA.

 

[BJHay]

There has been pushback on prosecutors in a few places. The poster child for woke prosecutors was Chesa Boudin in San Francisco. The voters recalled him and the SF mayor appointed a replacement that looks like she may be tough, especially by SF standards.

For those of you outside of Marion County the prosecutor is Ryan Mears. I don't know if he's 'woke' but I do know he's failing to lock up repeat violent offenders. He needs to go.

 

[phylodog]

For those of you outside of Marion County the prosecutor is Ryan Mears. I don't know if he's 'woke'

He's as woke a piece of **** as there is.

 

[Ingomike]

Maybe it's in the DNA.

Naa, it’s monkey pox…

 

[Leadeye]

The mayor of NYC talks a good game about crime, but what does he do? People are fed up with platitudes, they want criminals locked up and kept in jail. It's going to be an important issue in elections, the responsible people need to get moving on it, if they don't and are returned to office it means that they are representing a majority criminal constituency. Move if you live or work in these areas because it will only get worse.

 

[hooky]

Prosecutors are elected. They serve until the people elect someone else.

You're correct about being elected, but my understanding is that the Gov can decide if the the State's attorney is competent and that's the grounds for suspending him, regardless of election results. Sheriff isn't beholden to anyone as the "Chief Constitutional Officer". Incomplete thought in my original comment about the Sheriff, sorry for the confusion.

 

[rhamersley]

Maybe it's in the DNA.

More like the DNC…

 

[Destro]

Can I like the outcome but hate the process?

local prosecutors should be held accountable by the voters.

Would it be ok for Gavin Newsom to suspend prosecutors in Northern California who refuse to prosecute specific gun statues?