Ybarra v. Board of State Prison Commissioners (Amicus)

This case asks whether the Nevada Department of Corrections can use an execution manual that was never approved by the Board of State Prison Commissioners, which is made up of the governor, secretary of state, and attorney general.

Robert Ybarra Jr. and Zane Floyd face execution in Nevada and are challenging the Nevada Department of Corrections’ execution manual, arguing that the manual is a regulation and should have been approved by the Board of State Prison Commissioners before the state can use it to carry out an execution. The execution manual governs how Nevada carries out executions, including procedures for witnesses, media access, execution timelines, communications, and other parts of the execution process.

The district court dismissed the case. Ybarra and Floyd appealed to the Nevada Supreme Court.

We filed an amicus brief asking the Nevada Supreme Court to reverse the district Court’s decision. Our brief argues that the execution manual should be treated as a regulation because it affects First Amendment activity and public access to government proceedings, and that the Board of State Commissioners should be required to approve the execution manual. That process would give journalists, advocates, and members of the public an opportunity to raise concerns about rules that burden public access, transparency, and protected activity.

The ACLU of Nevada does not represent the parties in this case, and our involvement is limited to filing an amicus curiae brief, also known as a “friend of the court” brief, which allows us to share legal arguments, policy expertise, and broader civil liberties perspectives that may assist the court in making its decision. We file these briefs in cases that may have significant implications for constitutional rights and civil liberties, even when we are not directly representing the client or parties named in the lawsuit.