Orange-Osceola State Attorney Andrew Bain said Monday he won’t help Democrat Monique Worrell’s transition team as she prepares to reclaim her job as Central Florida’s top prosecutor, arguing Gov. Ron DeSantis’ order suspending her from the office still stands.
Bain, a DeSantis appointee, explained in a memo to his staff that he doesn’t think he can lawfully assist though Worrell defeated him and won the November election.
He called the situation an “unprecedented legal event without clear answers,” according to the memo obtained by the Orlando Sentinel.
The memo raised the specter that Bain could try to stay in office after his term ends on Jan. 7.
Worrell called Bain’s refusal to help her transition a “betrayal of democratic principles” and “a stark reminder of the lengths to which some will go to cling to power” in an emailed statement.
“The people chose me to bring thoughtful, experienced leadership back to this office,” she said. “No delay tactic or desperate grasp for power will prevent me from doing exactly that.”
Neither Bain’s nor DeSantis’ office immediately responded to requests for comment.
DeSantis suspended Worrell from the post in August 2023 and put Bain into the role. The progressive prosecutor then ran to get her job back, easily defeating Bain last month with 57% of the vote.
In his memo, Bain wrote that DeSantis’ order didn’t set a time limit for Worrell’s suspension, nor is one set forth in the Florida Constitution.
“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 because of the clear language,” Bain wrote.
Referencing a Florida Supreme Court opinion, Bain wrote that DeSantis’ suspension order stays in effect unless he reverses it or the Florida Senate votes to reinstate Worrell.
State Rep. Anna Eskamani, D-Orlando, who obtained the memo and posted it on X, said she was outraged with Bain’s refusal to cooperate, emphasizing that voters made it clear that they want Worrell to be their state attorney.
DeSantis accused Worrell of neglecting her duties by refusing to aggressively prosecute crime and that was the basis for his decision to suspend her. Worrell denied those allegations, and Orange and Osceola voters rejected them, too, her supporters say.
“Even when we win elections, Gov. DeSantis and his allies are more than comfortable to ignore the will of the voters and play games with our democracy,” Eskamani said. “Let me be clear: what Andrew Bain is outlining via this email is not a legal matter; it is a political one.”
Eskamani said she fears Bain could refuse to leave office, sparking a protracted court battle and chaos that could undermine public safety in Central Florida.
“I’m very concerned about what this means, just for our ability to have a strong justice system where survivors and victims are supported and crimes are prevented,” she said.
Bob Jarvis, a Florida constitutional law expert, disagreed with Bain’s legal reasoning. He said that nothing in state law prevents Bain from helping his successor. He also disputed Bain’s interpretation of the suspension order.
“A suspension runs just for an officeholder’s current term,” said Jarvis, who teaches law at Nova Southeastern University in South Florida. “Thus, when her current term ends, the suspension will go away. … The suspension is of no relevance to Worrell’s upcoming term.”
This is a developing story. Please check back for updates.