Attorney General Mark Bennett has released an “informal” legal opinion addressing the issue of Gov. Lingle’s authority to order furloughs of state workers.

The opinion was requested by House Speaker Calvin Say by letter dated January 22.

The opinion, dated February 17, 2009, was drafted by James Halvorson and approved by First Deputy AG Lisa Ginoza.

In brief, the opinion finds that the governor in most cases would have to “consult” with public employee unions and bargain procedures for furloughs. Unions would likely litigate the issues if the governor attempted to unilaterally impose furloughs, although there’s room to argue that she has that authority.

The opinion also notes that the governor would have more latitude if she doesn’t take action until after the existing contracts expire.