Seal of the State of Nevada

EXECUTIVE ORDER 2019-19

Designating the Honorable Barry L. Breslow to Sit in Case No. 73274, Rosen V. Tarkanian

WHEREAS, it has been made to appear before me by formal request and statement from the Honorable Mark Gibbons, Chief Justice of the Nevada Supreme Court;

WHEREAS, two Associate Justices of the Nevada Supreme Court are disqualified from participating in the case named below;

WHEREAS, it is desirable that such causes be submitted for consideration and decision before a full court;

WHEREAS, Article 6, Section 4, Subsection 2 of the Nevada Constitution provides: “In case of the disability or disqualification, for any cause, of a justice of the Supreme Court, the Governor may designate a judge of the court of appeals or a district judge to sit in the place of the disqualified or disabled justice. The judge designated by the Governor is entitled to receive his actual expense of travel and otherwise while sitting in the Supreme Court”; and

WHEREAS, Article 5, Section 1 of the Nevada Constitution provides that, “The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada.”

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and laws of the State of Nevada, it is hereby ordered as follows:

  1. The Honorable Judge Barry L. Breslow, a District Judge of the Second Judicial District Court of the State of Nevada, is hereby designated to sit in the following cause of action: Rosen v. Tarkanian, Case No. 73274;
  2. Judge Breslow is further designated to hear and act in respect to said cause and matter, and the matters properly connected therewith until a decision therein has been finally reached; and
  3. Judge Breslow is authorized to discharge according to law the duties of said office and enjoy the same together with all the powers and privileges thereunder appertaining until said causes be finally decided and determined by the Nevada Supreme Court.

Footer State Seal

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Nevada to be affixed at the State Capitol in Carson City, this 5th day of November,, in the year two thousand nineteen.

Governor's signature