Superior Court v. County of Mendocino

Opinion

GEORGE, J.

Government Code section 681081 authorizes a county, under specified circumstances, to designate “unpaid furlough days” on which the trial courts of the county generally “shall not be in session.” In this case, we are called upon to decide whether this statute is unconstitutional on its face. The trial court rejected the facial challenge to the constitutionality of section 68108, but the Court of Appeal disagreed, concluding that the statute represents “a legislative exercise of judicial power” and violates the separation of powers doctrine embodied in article III, section 3,…