The appointed state attorney for Orange and Osceola counties informed his staff by memo Monday that he wouldn't assist in the transfer of power to Monique Worrell, who won the election last month with 57.5% of the vote.
Later, Andrew Bain sought to clarify his position. He sent out other emails saying he intends to enforce the will of the people and that Worrell will take office.
In the first memo, Bain said Gov. Ron DeSantis' 2023 order suspending Worrell as the previous state attorney still stands. He told staff they're living through an "unprecedented legal event without clear answers."
Worrell responded in a statement saying: "No executive order, no political maneuver, and certainly no personal grievance can override the will of the people." She said the executive order applied to her first term only and expired with the election.
Some, including prominent defense attorney Richard Hornsby, reacted with outrage to Bain's memo.
"It's a blatant usurpation of power," he said, "and if the public or lawyers accept this as being acceptable, it's the road to autocratic rule.
If Bain were to stay on, Hornsby said defense attorneys would quickly challenge cases based on the legal standing of prosecutors.
"And it's going to create just a nightmare for the judicial system," he said.
In a subsequent email titled "Transition Clarity," Bain told staff that Worrell will take office on Jan. 7 and that he'll ensure the office continues to operate smoothly.
