PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT v. SCHWARZENEGGER

No. S183411.

50 Cal.4th 989 (2010)

116 Cal. Rptr. 3d 480

239 P.3d 1186

PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT et al., Plaintiffs and Appellants, v. ARNOLD SCHWARZENEGGER, as Governor, etc., et al., Defendants and Respondents; JOHN CHIANG, as State Controller, etc., Defendant and Appellant. CALIFORNIA ATTORNEYS, ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS IN STATE EMPLOYMENT, Plaintiff and Appellant, v. ARNOLD SCHWARZENEGGER, as Governor, etc., et al., Defendants and Respondents; JOHN CHIANG, as State Controller, etc., Defendant and Appellant. SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1000, Plaintiff and Appellant, v. ARNOLD SCHWARZENEGGER, as Governor, etc., et al., Defendants and Respondents; JOHN CHIANG, as State Controller, etc., Defendant and Appellant.

Supreme Court of California.

October 4, 2010.


Attorney(s) appearing for the Case

Law Offices of Brooks Ellison and Patrick J. Whalen , for Plaintiff and Appellant California Attorneys, Administrative Law Judges and Hearing Officers in State Employment.

Paul Harris and Anne M. Giese for Plaintiff and Appellant Service Employees International Union Local 1000.

Gerald A. James ; Altshuler Berzon , Stephen P. Berzon and Danielle Leonard , for Plaintiffs and Appellants Professional Engineers in California Government and California Association of Professional Scientists.

Reed Smith , Harvey L. Leiderman and Jeffrey R. Rieger for Teachers' Retirement Board of the California State Teachers' Retirement System as Amicus Curiae on behalf of Plaintiffs and Appellants.

Kelly Vent as Amicus Curiae on behalf of Plaintiffs and Appellants.

Richard J. Chivaro , Ronald V. Placet , Shawn D. Silva , Ana Maria Garza ; Remcho, Johansen & Purcell, Robin B. Johansen and Margaret R. Prinzing for Defendant and Appellant.

K. William Curtis , Warren C. Stracener , Linda A. Mayhew , Will M. Yamada ; Kronick Moskovitz Tiedemann & Girard, David W. Tyra , Kristianne T. Seargeant and Meredith H. Packer for Defendants and Respondents.

Edmund G. Brown, Jr. , Attorney General, Gordon B. Burns , Deputy State Solicitor General, Jonathan K. Renner , Assistant Attorney General, James M. Humes , Stephen P. Acquisto and Mark R. Beckington , Deputy Attorneys General, for California Constitutional Officers as Amicus Curiae.


OPINION

GEORGE, C. J.

On December 1, 2008—faced with (1) a large current state budget deficit that was projected to grow to more than $40 billion by the end of the 2009-2010 fiscal year, and (2) the very serious prospect that by as early as February 2009 the state would run out of cash to pay its ordinary expenses—the Governor of California declared a fiscal emergency, called...

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