The case is currently held in abeyance while the appeals court ponders various issues.

Brnovich’s Democratic successor, Attorney General Kris Mayes, had urged the state’s high court to side with the Court of Appeals and hold the 1864 law in abeyance.

Osmer was found to have neglected his duty and was given a six-day suspension with four of those days held in abeyance.

“On the other hand, she made it difficult for anyone to appeal this, and just sort of held it in abeyance. I don't think it's a victory for the special counsel's office.”

“By accepting only one of the issues raised by the Governor and holding the other two issues in abeyance, the majority refashions this court as the Governor’s avenue for imposing policy changes without the consent of the governed,” she wrote.