FLETCHER v. COM.

No. 2005-SC-0046-TG, 2005-SC-0049-TG, 2005-SC-0050-TG.

163 S.W.3d 852 (2005)

Ernie FLETCHER, in His Official Capacity as Governor of Kentucky; and Robbie Rudolph, in His Official Capacity as Secretary of the Finance and Administration Cabinet, Appellants, v. COMMONWEALTH of Kentucky, Office of the Attorney General ex rel. Gregory D. Stumbo; Common Cause of Kentucky, a Non-Profit, Non-Partisan Organization, by Its Chairman Richard V. Beliles, as a Kentucky Taxpayer; Steve Nunn, Representative; Jim Wayne, Representative; Harry Moberly, Jr., in His Official Capacity as Member of the House of Representatives of the Commonwealth of Kentucky; Joe Barrows, in His Official Capacity as Member of the House of Representatives of the Commonwealth of Kentucky; Jim Callahan, in His Official Capacity as Member of the House of Representatives of the Commonwealth of Kentucky; David L. Williams, in His Capacity as President of the Senate of the Commonwealth of Kentucky; Jody Richards, in His Capacity as Speaker of the House of Representatives of the Commonwealth of Kentucky; Kentucky Retirement Systems, Board of Trustees; and Commonwealth of Kentucky, Department of the Treasury ex rel. Jonathan Miller, Appellees, and Steve Nunn; and Jim Wayne, Appellants, v. Commonwealth Of Kentucky ex rel. Governor Ernie Fletcher; Robbie Rudolph, Commonwealth of Kentucky, Secretary of Finance & Administration; Gregory D. Stumbo, Commonwealth of Kentucky, Attorney General; Jonathan Miller, Commonwealth of Kentucky, State Treasurer; David Williams, Commonwealth of Kentucky, Senate President; Jody Richards, Commonwealth of Kentucky, House Speaker; Common Cause of Kentucky and Richard Beliles; Kentucky Employees Retirement Systems, Board of Trustees; Harry Moberly, Representative, in His Official Capacity; Jim Callahan, Representative, in His Official Capacity; and Joe Barrows, Representative, in His Official Capacity, Appellees, and Commonwealth Of Kentucky, Department of the Treasury, Acting Through the Treasurer of the Commonwealth, Jonathan Miller, Appellant, v. Commonwealth of Kentucky, Office of Attorney General Ex rel. Gregory D. Stumbo; Commonwealth of Kentucky, Office of the Governor ex rel. Ernie Fletcher; Commonwealth of Kentucky, Finance and Administration Cabinet ex rel. Robbie Rudolph; David Williams, in His Official Capacity as President of the Senate; Jody Richards, in His Official Capacity as Speaker of the House of Representatives; Steve Nunn, Representative; Jim Wayne, Representative; Common Cause of Kentucky and Richard Beliles; Kentucky Retirement Systems, Board of Trustees; Harry Moberly, Representative; Jim Callahan, Representative; and Joe Barrows, Representative, Appellees.

Supreme Court of Kentucky.

May 19, 2005.


Attorney(s) appearing for the Case

John C. Roach, Office of the Governor, Frankfort, M. Holliday Hopkins, Sheryl G. Snyder, David Seth Kaplan, Jason Patrick Renzelmann, Frost, Brown, Todd, LLC, Louisville, Counsel for Appellants Ernie Fletcher, in His Official Capacity as Governor of Kentucky; and Robbie Rudolph, in His Official Capacity as Secretary of the Finance and Administration Cabinet (2005-SC-0046-TG); and for Appellees Commonwealth of Kentucky ex rel. Governor Ernie Fletcher; and Robbie Rudolph, Commonwealth of Kentucky, Secretary of Finance & Administration (2005-SC-0049-TG and 2005-SC-0050-TG).

Walter A. Baker, Glasgow, Phillip J. Shepherd, Frankfort, Counsel for Appellants Steve Nunn; and Jim Wayne (2005-SC-0049-TG).

David J. Hale, Courtney L. Rice, Reed, Weitkamp, Schell & Vice, Louisville, Counsel for Appellant Commonwealth of Kentucky, Department of the Treasury, Acting Through the Treasurer of the Commonwealth, Jonathan Miller (2005-SC-0050-TG).

C. David Johnstone, Office of the Attorney General, Robert S. Jones, Assistant Attorney General, Office of the Attorney General, Pierce Butler Whites, Assistant Deputy Attorney General, Janet M. Graham, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee Commonwealth of Kentucky, Office of the Attorney General ex rel. Gregory D. Stumbo (2005-SC-0046-TG, 2005-SC-0049-TG and 2005-SC-0050-TG).

Richard V. Beliles, Prospect, Counsel for Appellee Common Cause of Kentucky, A Non-Profit, Non-Partisan Organization, by Its Chairman Richard V. Beliles, as a Kentucky Taxpayer (2005-SC-0046-TG, 2005-SC-0049-TG and 2005-SC-0050-TG).

Walter A. Baker, Glasgow, Phillip J. Shepherd, Frankfort, Counsel for Appellees Steve Nunn, Representative; and Jim Wayne, Representative (2005-SC-0046-TG and 2005-SC-0050-TG).

Donald P. Cetrulo, Lexington Financial Center, Lexington, Timothy Firkins, Assistant Attorney General, John S. Gillig, Frankfort, Counsel for Appellees Harry Moberly, Jr.; Joe Barrows; and Jim Callahan, in Their Official Capacities as Members of the House of Representatives of the Commonwealth of Kentucky; and Jody Richards, in His Capacity as Speaker of the House of Representatives of the Commonwealth of Kentucky (2005-SC-0046-TG, 2005-SC-0049-TG and 2005-SC-0050-TG).

Harland C. Hatter, Frankfort, Paul Emmanuel Salamanca, Lexington, Counsel for Appellee David L. Williams, in His Capacity as President of the Senate of the Commonwealth of Kentucky (2005-SC-0046-TG, 2005-SC-0049-TG and 2005-SC-0050-TG).

Lizabeth Ann Tully, James D. Allen, Stoll, Keenon & Park, LLP, Lexington, J. Eric Wampler, Kentucky Retirement Systems, Perimeter Park West, Frankfort, Counsel for Appellee Kentucky Retirement Systems, Board of Trustees (2005-SC-0046-TG, 2005-SC-0049-TG and 2005-SC-0050-TG).

David J. Hale, Ridley M. Sandidge, Jr., Reed, Weitkamp, Schell & Vice, Louisville, Counsel for Appellee Commonwealth of Kentucky, Department of the Treasury ex rel. Jonathan Miller (2005-SC-0046-TG and 2005-SC-0049-TG).


Opinion of the Court by Justice COOPER.

The issue presented by this appeal is whether the Governor of the Commonwealth of Kentucky may order money drawn from the state treasury to fund the operations of the executive department of government if the General Assembly fails to appropriate funds for that purpose. The issue arose when the General Assembly adjourned sine die on April 14, 2004, without adopting an executive department budget bill for the 2004-06 biennium...

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