A Wayne County judge has ordered 44 staff members of the Sheriff’s office back to work, ruling on Wednesday that County Executive Robert Ficano can’t directly cut Sheriff Warren Evans’ staff.

In his decision, Circuit Court Judge Michael Sapala said the issue was separation of powers. He said it is the County Commission’s responsibility to approve budgets.

Ficano and Evans have been battling for months over the budget.

Ficano ordered the layoffs on Jan. 9 of 22 sheriff’s deputies and 22 members of the sheriff’s administrative staff.

Ficano said Evans must cut his staff because of budget cuts. He will appeal Sapala’s decision.

The sheriff’s department ended the 2007-2008 fiscal year with a $16 million deficit and is projected to run a $10 million deficit for the current fiscal year, according to county officials.

Evans fought the layoffs, saying they would endanger public safety.

The Detroit News and Detroit Free Press report the judge ordered the deputies and administrative workers reinstated.