An Alameda Superior Court judge has ruled that furloughs Gov. Arnold Schwarzenegger ordered are illegal for state prison officers whose pay is reduced but who have to wait to take the time off.

The order by Judge Frank Roesch means that roughly 40,000 state correctional officers, their sergeant and lieutenants are due their full pay for time worked.

The judge's order commands Schwarzenegger "... to pay all employees represented by (the union) in this action of all hours worked for which furlough credits have not been utilized."

Roesch published the decision this morning on the court's Web site, one month after attorneys for California Correctional Peace Officers Association argued that Gov. Arnold Schwarzenegger's policy of "self-directed furloughs" was an illegal pay cut and violated labor law that requires full pay due for all hour worked in a 28-day pay period.

Schwarzenegger's attorneys countered that state workers were making up the time quickly and expected no one would have time left on the books by the 2012 deadline.

Lynelle Jolley, a spokeswoman for the state Department of Personnel Administration said that Schwarzenegger's attorneys hadn't yet reviewed the ruling. Calls to CCPOA's West Sacramento headquarters and the governor's office have not yet been returned.

CCPOA argued its case in Roesch's Alameda County courtroom on Nov. 16. The judge heard arguments in three other furlough lawsuits that attacked the policy for other reasons. As of noon today, Roesch hadn't issued a decision in any of those cases.

Schwarzenegger spokeswoman Rachel Arrezola said the state plans to appeal the ruling.