The 2004 session marked the second consecutive session in which the General Assembly had failed to pass a biennial budget; the first occurred in 2002 under Governor Patton. When the fiscal year ended without a budget in place, responsibility for state expenditures fell to Fletcher. As it had been in 2002, spending was governed by an executive spending plan created by the governor. Democratic Attorney General Greg Stumbo filed suit asking for a determination on the extent of Fletcher's ability to spend without legislative approval. A similar suit, filed after the 2002 session ended in deadlock, was rendered moot when the legislature passed a budget in a special session prior to the conclusion of the lawsuit. A judicial review by a Franklin County circuit court judge approved Fletcher's spending plan but forbade spending on new capital projects and programs. In late December 2004, a judge ruled that Fletcher's plan could continue to govern spending until the end of the fiscal year on June 30, 2005, but "thereafter" executive spending was to be limited to "funds demonstrated to be for limited and specific essential services."