Editor's note: A earlier version of this post incorrectly referred to A. James Robertson as a "visiting" judge.
A San Francisco judge has ruled against California Association of Professional Scientists in its furlough lawsuit against Gov. Arnold Schwarzenegger.
Judge A. James Robertson ruled from the bench that CAPS didn't present sufficient evidence to show the governor had abused his discretion. The union had argued that furloughing state workers in specially funded departments was arbitrary and an abuse of gubernatorial discretion. There's no documentation of the ruling yet.
Today's decision contrasts with three December rulings by Alameda Superior Court Judge Frank Roesch, who found that the governor's furloughs of specially funded departments are an abuse of executive discretion. Click here for the post about those cases.
Robertson's appearance behind the bench this morning surprised attorneys who had expected Judge Peter Busch to preside. There was no explanation for Busch's absence.
"It's a crap shoot, depending on which judge you get," said Chris Voight, staff director of CAPS. "We're disappointed, but this wasn't totally unexpected. We'll likely appeal."
Schwarzenegger spokeswoman Rachel Arrezola issued this statement moments ago:
"The Governor's authority to furlough state workers is clear and this is another win for the state. As California families and businesses are forced to cut back in today's economy, the Governor does not believe that state worker compensation should be shielded from the same economic realities."
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