We read with interest the stories about Florida Gov. Ron DeSantis’ removal of the elected Hillsborough County state attorney. The twice-elected state attorney, Andrew Warren, was removed from his office as prosecutor in the county which includes Tampa, based on his announced decision not to prosecute crimes involving abortion and transgender health care. Warren claims that the removal was unlawful, politically motivated and a violation of both his authority as prosecutor and the First Amendment.

While the attorney general of New Jersey, as chief law enforcement officer of the state, has authority to supersede a county prosecutor, both in specific cases and more generally, the power has not been frequently used beyond specific cases for specific reasons such as a request by the prosecutor including those based on a conflict of interest. In New Jersey, since the administration of Attorney General William Hyland, during the first term of Gov. Brendan T. Byrne, himself a former Essex County prosecutor, the power of the county prosecutor to downgrade indictable charges with disposition at the county level or to remand them to municipal courts for trial and disposition, or to administratively close files and dismiss charges administratively, has been recognized by attorney general formal opinion, amended court rules and case law.

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