STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 09-264 (Executive Order of Suspension) WHEREAS, Scott Rothstein, on August 25, 2008 was appointed to serve as a Commissioner for the Fourth Appellate District Judicial Nominating Commission; and WHEREAS, my administration has been monitoring the federal investigation by the United States Attomey’s office conceming Mr: Rothstein’s business and financial affairs. Mr. Rothstein has agreed to permanent disbarment from the Florida Bar due to allegations of disciplinary violations of the Rules Regulating the Florida Bar, including the misappropriation of funds from trust accounts; and WHEREAS Florida Statute 43.291(5) provides that the Governor may suspend, for cause, a member of the judicial nominating commission, consistent with Article IV, Section 7, Florida Constitution whieh provides that the Governor may suspend from office any state officer for “malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony(;]” and WHEREAS, Mr, Rothstein's agreement to permanent disbarment from the Florida Bar due to allegations of disciplinary violations of the Rules Regulating the Florida Bar, including the misappropriation of fands from trust accounts, constitutes malfeasance or misfeasance in relation to his duties as a Commissioner by reflecting discredit upon the judicial selection process; and WHEREAS, itis in the best interest of the residents of Fourth Judicial District, and the citizens of the State of Florida, that Scott Rothstein be immediately suspended from the public office, to which he has been appointed, upon the grounds set forth in this executive order; NOW, THEREFORE, I, CHARLIE CRIST, Governor of Florida, pursuant to Article IV, Section 7, Florida Constitution, find as follows: A. Scott Rothstein was appointed to serve as Commissioner for the Fourth Appellate District Judicial Nominating Commission,B. The Commissioner for the Fourth Appellate District Judicial Nominating Commission is within the purview of the suspension powers of the Governor, pursuant to Article IV, Section 7, Florida Constitution. C. This suspension is predicated upon Mr. Rothstein's agreement to permanent disbarment from the Florida Bar due to allegations of disciplinary violations of the Rules Regulating the Florida Bar, including the misappropriation of funds from trust accounts, and which conduct constitutes malfeasance or misfeasance in relation to his duties as a Commissioner by reflecting discredit upon the judicial selection process, BEING FULLY ADVISED in the premises, and in accordance with the Constitution and the laws of the State of Florida, this Executive Order is issued, effective today: Section 1 Scott Rothstein is suspended from the public office, to which he has been elected, to wit: Commissioner for the Fourth Appellate District Judicial Nominating Commission. Section 2. Scott Rothstein is prohibited from performing any official act, duty, or function of this public office; from receiving any pay or allowance; and from being entitled to any of the emoluments or privileges of this public office during the period of this suspension, which period shall be from today, until a further Executive Order is issued, or as otherwise provided by law. Section 3. Pursuant to Article IV, Section 7, Florida Constitution, I hereby appoint William Berger, Esq. to fill this public office for the period of the suspension. 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 24% day of November, 2009. ff Uh xf GOVERNOR ATTEST: 1 00. STARY OF STATE