There is currently no justiciable case or controversy appropriate for a court decision

Frankfort, KY:  Governor Ernie Fletcher's General Counsel filed a motion today to ask the Franklin Circuit Court to temporarily suspend all proceedings in Attorney General Greg Stumbo's lawsuit seeking a declaration of rights concerning the Governor's executive plan.

On May 27, 2004, Attorney General Stumbo filed an action to determine the extent of legal rights and authority Governor Fletcher has to execute a spending plan in the absence of a state budget, which the General Assembly failed to pass. 

However, because the Commonwealth is currently operating under a legislatively enacted budget for the Executive Branch that runs through June 30, 2004, asking for a court action at this time is premature.

"General Stumbo's petition seeks an advisory opinion on hypothetical issues based on circumstances that may never occur,” said Governor Fletcher's General Counsel John Roach.  "We are asking the court to hold all proceedings in this action in abeyance until; and only if, an actual controversy exists regarding the spending plan.  Governor Fletcher has made it clear that if an agreement on a budget can be reached, he will call the legislature into special session and will have no need to enact a spending plan.”

Governor Fletcher has yet to issue a spending plan that may be used for the operation of the Executive Branch in lieu of a budget should the General Assembly fail to act by June 30.

If the General Assembly does fail to act, and if the Governor does implement an executive spending plan, only then will the Attorney General's petition present a justiciable controversy to the court.  At this point there is simply nothing for the court to decide. 

This motion will be brought before the Franklin Circuit Court for a hearing on Wednesday, June 9, 2004, at 9:00 AM.

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