While much of the state’s government will be shut down on Friday by Executive Order 01.01.2009.11, the courts will be up and running under Chief Judge Bell’s Administrative Order Pertaining to Temporary Salary Reduction etc.

The distinction might seem clear enough, but as Julie Bykowicz writes in today’s Sun, lots of the lawyers who will be expected to appear in court on Friday are state employees, including those in the offices of the public defender, attorney general and the state prosecutor.

Deputy State Prosecutor Thomas M. McDonough says he’ll be in court Friday, since the Paterakis arraignment is on the schedule. Granted, if it’s anything like Helen Holton’s arraignment on Wednesday, that will amount to about a nickel’s worth of time on a parking meter — but it’s still his own nickel.

If you look at the Judiciary’s Administrative Order, McDonough’s just being prudent. In no uncertain terms, Chief Judge Bell warns:

Persons with business before a court shall not be excused because of the Executive Order.

The Executive Order, though, is equally clear:

F.  An employee may not work during furlough time except that in the event of an emergency the appointing authority may revoke furlough time and the employee shall be paid for that time. An employee whose furlough time is revoked due to an emergency shall be required to take the furlough time on another day.

It’s possible an emergency was declared and McDonough’s furlough was revoked, or that whatever procedure is required to make that happen will, in fact, happen before he puts in his timecard. I sure hope so.

I’d hate to see an ethics prosecutor brought up on a payroll technicality, let alone for refusing to follow a direct order from the chief.