State Superintendent of Education Jack O'Connell plans to ask the California Supreme Court to intervene in the state's budget standoff and ease the way for tax increases to minimize school cuts, a spokesman said late Wednesday.

O'Connell is expected to announce today that he plans to file a petition like that of GOP Nevada Gov. Kenny Guinn, which led that state's Supreme Court to lift strict requirements, similar to those in California, to enact tax hikes.

In a stunning 6-1 ruling, the Nevada court ruled earlier this month that the state's constitutional requirement to fund schools outweighs the procedural requirement for two-thirds approval for tax increases.

O'Connell "believes while there are clear differences, that core decision holds true in California," said spokesman Rick Miller.

Gov. Gray Davis issued a statement saying he believes legislative leaders are making "real progress" but supporting O'Connell's move.

"If a responsible budget is not on my desk in the near future, I will join you in that lawsuit," Davis told O'Connell.

In California, a two-thirds approval in each house of the Legislature is required to raise taxes and to send a budget to the governor, and lawmakers are deadlocked over solutions to fill a budget hole estimated at $38.2 billion.

Democrats, including Davis, have called for a mixture of tax increases, cuts and borrowing to erase the shortfall. Eight Republican votes are needed in California's Legislature to pass a budget, but GOP lawmakers are holding out for a plan that does not include tax hikes.

As the state operates without a budget, some payments to K-12 schools and all payments to community colleges have been halted. If enacted, Davis' budget would spare schools from the big cuts facing health care programs and other services, but some lawmakers fear education would suffer deep cuts in a budget that does not contain tax hikes.

The Nevada ruling caused a firestorm of controversy and prompted countersuits.

A federal judge on Monday issued a temporary restraining order to block lawmakers from approving tax increases with a simple majority vote.