DeSantis Issues EO 26-39 for Neilinger Investigation
Summary
Florida Governor Ron DeSantis issued Executive Order 26-39, assigning State Attorney Katherine Fernandez Rundle to investigate and prosecute the case of Brian Joseph Neilinger. This assignment is due to a conflict of interest declared by the original State Attorney and is effective for one year.
What changed
Governor Ron DeSantis of Florida has issued Executive Order 26-39, formally assigning State Attorney Katherine Fernandez Rundle of the Eleventh Judicial Circuit to handle the investigation and prosecution of Brian Joseph Neilinger. This action is necessitated by the recusal of State Attorney Harold F. Pryor of the Seventeenth Judicial Circuit due to a conflict of interest, as Neilinger faces charges including aggravated stalking, resisting an officer with violence, and installing tracking devices, and the victim was a former employee of Pryor's office.
The executive assignment is effective immediately and will last for one year, until March 2, 2027, with a provision for requesting an extension. All residents and public officials within the Seventeenth Judicial Circuit are directed to cooperate with the assigned State Attorney. This order ensures the faithful execution of laws and avoids any appearance of impropriety in the judicial process.
What to do next
- State Attorney Katherine Fernandez Rundle to proceed with investigation and prosecution.
- Notify Governor by February 2, 2027, if additional time is required.
- All public officials in the Seventeenth Judicial Circuit to cooperate with the Assigned State Attorney.
Source document (simplified)
STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 26-39 (State Attorney Executive Assignment) WHEREAS, the Honorable HAROLD F. PRYOR, State Attorney for the Seventeenth Judicial Circuit of Florida, has advised Governor RON DESANTIS that Brian Joseph Neilinger has been arrested for aggravated stalking - dating violence, resisting an officer with violence, battery on an officer, firefighter, EMT, etc., install/use tracking device/apps without consent; and WHEREAS, the Honorable HAROLD F. PRYOR has also advised the Governor that the victim is a fonner employee of the state attorney's office; and WHEREAS, the Honorable HAROLD F. PRYOR, to avoid a conflict of interest or any appearance of impropriety, has voluntarily disqualified himself and has requested the executive assignment of another State Attorney regarding the investigation and prosecution of this case and all related matters regarding Brian Joseph Neilinger; and WHEREAS, the Honorable KA THERINE FERNANDEZ RUNDLE, State Attorney for the Eleventh Judicial Circuit of Florida, has agreed to accept an executive assignment in this matter; and WHEREAS, it is in the best interests of the State of Florida and of the ends of justice that the Honorable KA THERINE FERNANDEZ RUNDLE discharge the duties of the Honorable HAROLD F. PRYOR, pursuant to section 27.14, Florida Statutes. NOW, THEREFORE, I, RON DESANTIS, Governor of Florida, in obedience to my solemn constitutional duty to ''take care that the laws be faithfully executed," and pursuant to the Constitution and Laws of the State of Florida, issue the following Executive Order, effective immediately:
Section 1. The Honorable KA THERINE FERNANDEZ RUNDLE, State Attorney for the Eleventh Judicial Circuit of Florida, referred to as the "Assigned State Attorney," is assigned to discharge the duties of the Honorable HAROLD F. PRYOR, State Attorney for the Seventeenth Judicial Circuit of Florida, regarding the investigation and prosecution of this case and all related matters regarding Brian Joseph Neilinger. Section 2. The Assigned State Attorney or one or more Assistant State Attorneys and Investigators, who have been designated by the Assigned State Attorney, shall proceed immediately to the Seventeenth Judicial Circuit of Florida, and are vested with the authority to perform the duties prescribed herein. Section 3. All residents of the Seventeenth Judicial Circuit are requested, and all public officials are directed, to cooperate and render whatever assistance is necessary to the Assigned State Attorney, so that justice may be served. Section 4. The period of this Executive Assignment shall be for one (1) year, to and including March 2, 2027. Section 5. The Assigned State Attorney shall notify the Governor on or before February 2, 2027, if additional time is required. IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 2nd day of March, 2026.
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