RIOS v. SYMINGTON

No. CV-92-0129-SA.

172 Ariz. 3 (1992)

833 P.2d 20

Senator Peter RIOS, in his individual capacity and as President, Arizona State Senate, Petitioner, v. Governor J. Fife SYMINGTON, III, Real Party in Interest, and Tony West, Treasurer of the State of Arizona; Arizona Department of Economic Security; Arizona Department of Health Services; Arizona Department of Building and Fire Safety; Arizona Health Care Cost Containment System; Arizona Department of Insurance; Arizona Department of State Parks; Arizona Department of Corrections; Arizona Department of Public Safety; Arizona Department of Revenue; Arizona Department of Liquor Licenses; Arizona Department of Racing; Arizona Radiation Regulatory Agency; Arizona Department of Emergency and Military Affairs; Lavere O. Connolly, as Treasurer of Apache County; Marsha Bonham, as Treasurer of Cochise County; Connie Fry, as Treasurer of Coconino County; Priscilla M.L. Knuckey, as Treasurer of Gila County; Nellie Plasencio, as Treasurer of Graham County; Jackie D. Quinn, as Treasurer of Greenlee County; Gearan Harris, as Treasurer of La Paz County; Glenn Stapley, as Treasurer of Maricopa County; Dora Goodmiller, as Treasurer of Mohave County; J.R. Despain, as Treasurer of Navajo County; James Lee Kirk, as Treasurer of Pima County; Jim L. Turnbull, as Treasurer of Pinal County; Acencion "Chon" Canchola, as Treasurer of Santa Cruz County; Richard Jacobs, as Treasurer of Yavapai County; Teresa Poland, as Treasurer of Yuma County; Respondents.

Supreme Court of Arizona, En Banc.

June 30, 1992.


Attorney(s) appearing for the Case

Lewis and Roca by Janet A. Napolitano and Patricia M. Anania, Senate Majority Counsel, and Daniel J. Adelman, Asst. Majority Counsel, Phoenix, for Senate President Peter Rios.

Snell & Wilmer by John J. Bouma, James R. Condo and Matthew P. Feeney, Phoenix, for Governor J. Fife Symington, III.

Grant Woods, Atty. Gen. by Rebecca White Berch, Sol. Gen., Phoenix, for respondents.


OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

On March 17, 1992, Governor Fife Symington convened the seventh special session of the Fortieth Legislature of the State of Arizona to consider "[t]he adjustments necessary to produce a balanced state budget for fiscal year 1991-1992" and "[t]o make appropriations and necessary statutory changes to address the overcrowding situation in the state's prison system." In response to the Governor...

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