California could owe more than $36 million in back pay to active and retired state judges after an appeals court concluded that they were illegally deprived of salary increases in the years following the 2008 recession.

Attorneys from the California Attorney General's Office, representing state Controller Betty Yee, had hoped to reverse a 2016 judgment that granted the back pay, plus 10 percent interest and $660,000 in attorney fees to lawyers at Skadden, Arps, Slate, Meagher & Flom, who brought the class action in 2014.

In a unanimous opinion issued Wednesday, the Second District Court of Appeal found that the words of the statute and the intent of the California legislature did not support the state's position that the controller couldn't authorize salary increases under California Government Code 68203.